New York Injury Lawyer Blog

A dismaying new report indicates teens are higher risk of a fatal car accident on Long Island and across the country than they have been in the last eight years.

While the statistics don't come as a complete shock to Long Island car accident attorneys, they are concerning nonetheless. At minimum, this information warrants a stern discussion with your teen about the dangers they face every single time they get behind the wheel.

According to the Governors Highway Safety Association, the number of teen drivers who were killed in auto accidents in the U.S. during the first six months of 2011 climbed by 11 percent. That was for both 16 and 17-year-olds. Research showed that the younger the driver, the more danger he or she was in. While deaths for 17-year-old drivers increased by 7 percent, deaths of 16-year-old drivers was up a startling 16 percent. Just to remind you: that is within the course of a single year.

Additionally, this is all while the total number of fatal accidents is on a downward slope.

So what's happening with our teens?

There are a number of theories. One proffered by the governors association indicates that the effectiveness of graduated driver's licensing laws is beginning to taper off. Essentially, these laws protect teens from taking on too much at once. They allow each young driver to build up the skills necessary by restricting everything from the number of passengers allowed in the vehicle with them to the time of day they can get behind the wheel. These are steps many parents were taking anyway.

In New York, teens have to be at least 16 before they can have a learner's permit. Then for the first six months, New York teens have a restricted license that requires they complete at least 50 hours of drive time (15 of those have to be at night). They are also prohibited from driving between 9 p.m. and 5 a.m., and aren't allowed any more than one teen passenger before they reach the age of 21.

Dr. Allan Williams, who was the chief scientist overseeing the governors' association study, said these kinds of laws have been in place for quite some time. Additionally, he wondered whether the economy might actually be having an impact on the increased numbers. He surmised that because the economy is doing poorly, teens may more often be put in a position to drive in order to help out their parents. This could be either shuttling younger siblings or simply getting themselves around while their parents may be working longer shifts or a second job. When teens are on the road for extended periods of time, Williams said, they inevitably increase their chances of a fatal Long Island car accident.

Williams said while the new numbers were not necessarily surprising, he said states shouldn't assume that this is something that can't be prevented.

Talking with your teen is the first step you can take.

Continue reading "Car Accidents in Long Island, Nation, Proving More Fatal for Teens" »

Workers at the World Trade Center construction site had a close call earlier this month, when steel beams plummeted 40 stories to the ground below.

The New York construction accident happened when, according to CNN, there were three steel beams, each about 60 feet long, that toppled down to the area where workers were standing. It was reportedly a crane cable that snapped, causing the beams to fall.

Thankfully, no one was hurt in the incident.

New York City construction accident attorneys know that in many instances, the term "accident" is used to imply that no one was at fault. While this situation remains under investigation, the fact is that most construction "accidents" could have been prevented if the proper procedures had been in place. Workers have an expectation that their employers will protect them from foreseeable dangers that are commonly present on construction sites, particularly in New York City, where workers are often working on sites such as this, which are dozens of stories high.

CNN is reporting that in this case, the beams - which weighed several tons each - came crashing down at one of the new towers that is being constructed at the place where the Sept. 11 terrorist attacks occurred.

A spokesman for Tishman Construction, the company that is responsible for overseeing the development at the site, reports the crane cable somehow broke. That caused the steel that was being lifted to be thrown down about 40 stories (which equals roughly about 400 feet) onto a flatbed truck. It was the same truck that had been used to haul equipment to the site.

The dangerous episode happened inside an area of the site that was closed off to the public, and luckily, no workers were in the direct path of the falling debris.

The total height of the building under construction is about 72 stories (which equals about 720 feet, perhaps a bit more). It's intended to face the site of the World Trade Center memorial park, which is being constructed to honor victims of the terrorist attacks. The plan is for the site to be opened to the public by next autumn.

Even Mayor Michael Bloomberg weighed in on the situation, saying he was grateful no one had been seriously injured by the beams.

The Tishman spokesman added that the company is looking into what happened, along with the help of authorities from the city fire department and Department of Buildings, as well as experts from the Port Authorities in New Jersey and New York.

Some work at the site has been suspended for now, until the results of the investigation are released.

It's not yet clear whether the company had the appropriate safety measures in place. If it did, it will be interesting to see whether those were followed.

There are several steps construction employers must take in order to protect their employees. One of those includes developing a formal and adequate hazards protection plan. Each plan needs to be tailored to whatever the operation or project is.

At a minimum, employers need to have a safety orientation that describes where, how and when to report injuries. It also needs to show workers how to use any protective gear that may be required, identify any dangerous gases or chemicals that workers may encounter and outline a procedure for reporting unsafe practices.

Continue reading "New York Construction Accident Reported at World Trade Center Site " »

The Bumbo Baby Sitter seat has become a mass-selling item for many new parents. However, some advocacy groups are demanding a recall of the product, claiming parents who place their children in it are risking a child injury on Long Island and elsewhere.

While those groups wait from a response from the federal Consumer Product Safety Commission, our Long Island child injury attorneys want to urge parents to practice extreme caution when using these seats - or maybe consider not using them at all.

A number of media reports are questioning the safety of the seat, when in the last 5 years, nearly 100 children were reported to have been injured after falling from the seat. Out of those, 45 had been placed on higher surface (such as a counter top or table), and 17 had a serious skull fracture. Another 50 of the infants were in the seat when it was placed on the floor. Of those, two had skull fractures and another had a concussion.

These injuries all occurred in the five years, following a voluntary recall in 2007 when it was determined the South African manufacturer didn't offer enough warning to parents about the dangers of placing the seat on a high surface. At that point, the seats had been on the market for four years. Now, warning labels are printed on the side of every seat. While a spokesman for the company says the a number of the recent injuries involve older seats, an even greater portion of them are reported to involve the newer seats.

Additionally, some media outlets are reporting that even on the newer seats, the warning labels might seem small or have come off.

As of right now, there aren't any federal safety standards for chairs that are made for children. Two parents in Texas, though, are suing the maker of the seat, after their child was injured after a fall.

The seats, which are made of foam and come in an array of bright colors, are popular with parents who want to give their children a chance to sit upright early on.

The company maintains that if the seat is used as intended, a fall from it wouldn't be any different than the typical bumps and bruises a child might incur while learning to crawl or sit or walk.

Some parents, though, tell a much different story.

One mother recalled she had placed her young daughter in the Bumbo seat, and put it on top of a picnic table, where she was feeding her. The infant toppled out, only narrowly escaping serious injury.

Another parent said his young son had to undergo brain surgery after falling from the seat. He was standing right next to his son at the time. The father said his son arched his back, and the Bumbo seat tiled backward, causing his son to fall. He had to be airlifted to a nearby hospital.

The child is recovering, his parents say, though it's not yet clear if he may suffer from a long-term traumatic brain injury.

Continue reading "Reports: Children Risk Injury in New York with Bumbo Seats" »

According to a recent study from The University of Maryland, about 0.3 percent of the 48,000 pedestrian fatalities in the U.S. from 2000 to 2009 were caused by pedestrians wearing headphones. Although these type of accidents has tripled in the last six years, researchers don't believe that it's an epidemic.

About 36,000 people were killed in pedestrian accidents in New York City and throughout the country during the study time. Researchers believe it's a waste of time to focus on the 0.3 percent of accidents instead of looking at the other 99.7 percent of accidents to see what the real problem is -- motorist and dangerous roadways.

Our New York City pedestrian accident attorneys have recently discussed the dangers that pedestrians face in our city. During the recent study, there were than 3,220 pedestrians killed on our state's roadways. New York, Northern New Jersey and Long Island witnessed a large percentage of these pedestrian fatalities. It's obvious in our city that headphones aren't to blame for these accidents, but rather the design of our roadways and the habits of motorists.

The recent study, claiming that these type of accidents have tripled in recent years, has caught a lot of media attention. The media is portraying a picture that pedestrians are running through our streets listening to their music with little to no regard for vehicular traffic. That's not true. In fact, more than 97 percent of pedestrian fatalities are happen when pedestrians are victims of irresponsible drivers and poorly-designed roads.

Like Transportation For America says, it's like seeing a man who has been stabbed in the chest and attempting to cover up a scratch on his elbow with a Band-Aid. It makes no sense to focus on such an insignificant problem when we've got tens of thousands dying every year due to other causes.

Yes, we recognize that traveling while engaging in distractions is never a good idea. But don't you think it's more important to focus on the distracted drivers who are causing a majority of these accidents?

From 2000 to 2009, there were nearly 48,000 pedestrians killed while walking along U.S. roads. Fewer than 120 of these fatalities were the result of distractions such as headphones.

The recent study didn't prove anything. It didn't let us know that you're more at risk for a pedestrian accident if you're walking and listening to headphones. It simply told us that a tiny portion of these accidents happen this way. You might as well do a study on how many pedestrians were killed while walking and chewing gum. The conclusion there would be just as wasteful.

What we do take from this study is that a large majority, more than 97 percent, of pedestrian accidents occur on busy, federally funded roadways with little attention from motorists.

Continue reading "More than 97 Percent of Accidents in New York and Elsewhere NOT Blamed on Headphone-Wearing Walkers" »

The more passengers riding along with your teen driver the higher their risks are for car accidents in New York City and elsewhere. According to the Insurance Institute for Highway Safety (IIHS), drivers in the state of New York with an intermediate or a restricted driver's license are not allowed to have more than one passenger under the age of 21 with them. Sill, young drivers who have their unrestricted driver's license are serious risks for accidents with passengers present.

According to recent studies, published in the Journal of Adolescent Health, parent involvement can help to reduce these risks. One of the recently-released studies analyzed the driving habits of 200 teens. These young drivers who had parents and guardians who were involved in their driving practices were more likely to be a safer driver. They were more likely to be aware of the dangers on the road and the ways to take the necessary precautions.

Our New York City teen car accident attorneys are parents, just like you. We have teen drivers and worry about their safety on our busy roads. With these findings, we urge parents to become more involved in their teen's driving. Know where they're going, when they'll be home and who they're driving with. It's also a good idea to hop in the vehicle with them every now and then to get an idea of their driving progress. Teens have the highest risks for car accidents, and parental involvement can be one way to make them safer. With parents who monitor their driving, teens are more likely to accurately perceive roadway risks and less likely to act out behind the wheel.

The first study published in the journal looked at how passengers affected teenage driver's habits behind the wheel. Experts at the Center for Injury Research and Prevention at the Children's Hospital of Philadelphia determined that both male and female teen drivers are at higher risks for traffic accidents when passengers are present. Boy drivers are more likely to speed and to drive aggressively when passengers are present, while girl drivers are more likely to drive while engaging in distractions like talking to their passengers, making phone calls and sending text messages while passengers are present.

In the study of nearly 700 teen drivers, it was obvious that in a majority of accidents, teens driving with their peers were more prone to distractions, which happened just seconds before collisions. Accidents were far less likely when teens were driving solo.

"One in five females and one in four males who were driving with friends were distracted by something inside the vehicle just before they crashed," said Allison E. Curry, Ph.D., MPH, with the Children's Hospital of Philadelphia.

New York is one of the forty-five states that restrict teen drivers from transporting too many passengers at a time. Even when teenagers complete the graduated driver's licensing (GDL) program, parents are asked to stay actively involved in their teen's driving career to help to mold their child's safe driving habits for life.

Continue reading "Teens Facing Dangerous Risks for Car Accidents in New York, Nation" »

New additions have been made to the Move Over law in New York which took effect the first of the year.

Do you know what they are?

Our New York car accident attorneys are here to tell you about the revisions and how to make sure you're safe and following the law when traveling near vehicles now covered under the updated law.

Now, instead of simply moving aside for police cruisers and ambulances, motorists will be required to move over when they see a tow truck, maintenance crew or road construction. The new laws can help to avoid a car accident in New York, especially for those who are responding to a car accident or working to make our roadways safer.

The law requires motorists to change lanes when approaching a vehicle that has flashing amber or red lights. The amber light is an addition to the law. Previously, only red lights had been covered.

The commissioner of the New York State Department of Transportation, Joan McDonald, says drivers need to be aware of the additions and to keep an eye out for maintenance crews, construction areas, tow truck drivers and police officers. By moving over when traveling down the roadway and providing an extra lane of space, we can all do our part to help to reduce the risks of car accidents involving these workers.

Roadway construction crews work in dangerous conditions just to help to make the roads safer for all of us. This law is the least we can do to help protect them. It's time to give them some room to do their job.

Tom Brennan, President of the Empire State Towing and Recovery Association, says he's already been personally involved in two accidents while sitting on the side of the road helping stranded motorists. He says the first accident ended up seriously injuring one of his customers. He says towing industry employees were in dire need of additional protections. He expressed gratitude for this law and congratulated tow truck drivers, hazard vehicles and enforcement cars on their step towards safer roadways.

Covered under the new Move Over law:

-Construction vehicles.

-Highway maintenance vehicles.

-HELP trucks.

-Tow trucks.

-Police vehicles.

-Hazard vehicles.

If you don't move over for one of these vehicles and provide them with ample space to do their job, you could face a fine of nearly $300. This is in addition to about $85 for a court surcharge and potentially 15 days in jail. That's not all! You could also receive three points on your driving record, too.

Over the last few years, officials with the New York State Troopers, at the Onondaga County Sheriff's Office, at the Westchester County Sheriff's Office, at the Erie County Sheriff's Office and a man who was part of a lane striping crew in Erie County have been killed because motorists failed to move over.

Continue reading "Move Over Law Upgraded to Help Reduce Risks of Car Accidents in New York" »

Recently, the preliminary statistics of 2011 car accidents in New York City were released. These statistics illustrate the fewest number of traffic accident-related fatalities since 1910. As of the Dec. 27, there were about 240 fatalities resulting from traffic accidents in the city. While this is 40 percent fewer than the number of fatalities in 2001, it is still far too high.

Included in this number are the 134 pedestrians who were killed in accidents involving a motor vehicle. This represents a more than 30 percent decrease from statistics recorded in 2001. The number of bicyclist fatalities remained about the same over the last decade.

Our New York City car accident attorneys understand that the Department of Transportation is congratulating itself for the record low and credit the safety engineering initiatives and public education efforts along with the NYPD and its pursuit of aggressive enforcement efforts. Yes, the NYPD has made increased enforcement efforts to bust drivers who speed and drive drunk. But the congested traffic on our city's roads still took the lives of nearly 240 people in 2011. With that many traffic-related deaths in a year, it's no time to be celebrating.

The announcement of these new statistics was made by Mayor Michael R. Bloomberg in Brooklyn at the Grand Army Plaza. This location is where the roadway was recently redesigned to enhance safety. Some of the most recent improvements are expected to decrease the number of accidents in the plaza, adding to the approximate 40 percent reduction that has already been seen in the last three years.

"This will be the city's safest traffic year in the more than 100 years since records were kept," vowed Mayor Bloomberg.

Bloomberg says he and Transportation officials are making strides to make further reductions in traffic fatality figures. He says the city is looking to redesign numerous areas and to push aggressive traffic enforcement to get there. He says the city wants its roadways to be safe for everyone, regardless on the desired mode of transportation.

The Commissioner of the New York City Department of Transportation, Janette Sadik-Khan, says that the redesigns have helped to save an estimated 300 people. She says that the recent accomplishment is something to be proud of. Still, she says the DOT isn't done just yet. She says DOT officials are working in the five boroughs in an effort to make our streets even safer.

The fatality rate in the City fell from about 5 fatalities per 100,000 residents back in 2001to about 3 in 2011.

Still, consider the fact that 240 people died on the City's roadways in 2011. Yes, that's a reduction from previous years, but the number is still far too high. Officials shouldn't throw in the towel until that number is zero. More needs to be done to make our roadways safer for everyone.

Continue reading "Fatal New York Car Accidents Down; Still Too Many Deaths" »

The big game -- Super Bowl XLVI -- is this weekend when our very own New York Giants take on the New England Patriots. The game is at 6:30 p.m. on Sunday the 5th. While this is an exciting time for residents throughout the state, it's also a dangerous time to be driving. Super Bowl Sunday brings significantly higher risks for car accidents in New York. As a matter of fact, statistics have shown it is one of the deadliest times to be on our roadways.

To help to combat the dangers of drunk driving on New York roadways, New York State Police will be conducting weekend-long enforcement efforts. Police in Troop D recently announced their three-day effort to bust these drivers over the entire Super Bowl Weekend. The campaign starts Friday the 3rd and will continue through Sunday the 5th, according to Madison County New York News.

Our New York drunk driving car accident lawyers are asking all football fans to plan their Super Bowl events before the big game starts. This means that those who intend to drink need to find a designated driver to get them home safely or they need to find a safe place to stay. Whatever you do, we're asking you not to get behind the wheel after consuming alcohol. State officers will be looking to nab you before you cause a potentially fatal accident. In 2010, there were more than 10,225 people who were killed in drunk driving accidents across the country. These accidents accounted for more than 30 percent of all traffic fatalities. On Super Bowl Sunday, drunk driving accidents typically account for more than 50 percent of all of the accident fatalities.

Officers throughout the state will be looking for drunk drivers this weekend. To avoid an arrest or even an accident, plan ahead and find a safe and sober way home.

"I commend our partners in the law enforcement community for their commitment to ensuring the safety of all motorists in New York State," said Commissioner David J. Swarts with the New York State Department of Motor Vehicles and of the Governor's Traffic Safety Committee (GTSC).

This year, there have been more than 175,000 people who have vowed to be a designated driver over the football season, according to the National Highway Traffic Safety Administration (NHTSA). While more than 130 million people are expected to gather in front of a television set for the big game, that's not enough designated drivers to cover everyone. For the remainders, we're asking that if you're going to drink that you get a taxi cab, stay at a friend's house, call a sober family member to get you or grab a hotel room. Your decision can help save lives.

We'd like to wish everyone a safe and enjoyable Super Bowl Sunday. And one more thing -- GO GIANTS!!!

Continue reading "Giants Face Off Against Patriots, Officers Face Off Against Drunk Drivers in New York" »