New York Injury Lawyer Blog

When you are injured because of the actions of another person, you may not know what you are entitled to. This is why it is so important to have the guidance of an experience New York injury attorney to help guide you in your New York personal injury case.

As we go about our daily lives, we all have a duty to conform to a reasonable standard of care. This requirement helps protect us from people behaving negligently and causing us to suffer personal injury.

Gushlaw v. Miller is a case that arose because of the question of what kind of duty a person owes to third parties. This was where two adults who were under the legal drinking age decided to get in the car and navigate the roadways.

Joseph Clukey (Clukey) and Matthew Milner (Milner) were nineteen and twenty respectively. They had met to travel to a party at a hotel in Rhode Island. After purchasing a case of beer illegally, it was decided the Clukey would drive the forty five minutes to the hotel. Upon arriving both of the men began to drink heavily. They each consumed approximately seven or eight beers each, and began to become "loud and obnoxious."

The hostess of the hotel party, who was not yet at the age of adulthood, became frustrated with the intoxication of the two men and asked them to leave. Milner objected to either of the men driving, as both were extremely intoxicated. Milner only lived three blocks away from the hotel party. However, Clukey decided he would drive the two men back to the convenience store where Milner had left his vehicle. This would enable Milner to then drive his car back home.

The issue in this case was not Clukey driving while intoxicated, although that is illegal. The issue arose because Clukey knew that Milner was also intoxicated and still drove him to get in his car to drive home.

Several hours after Clukey left Milner in the parking lot, Milner was driving home drunk at excessive speeds. Milner drove through an intersection and crossed the center line, causing him to collide head-on with the vehicle driven by Eldrick Johnson (Johnson). Both Milner and Johnson died from injuries sustained in this motor vehicle accident.

Johnson left his widow and four minor children. His widow (plaintiff) brought this lawsuit against Milner, Milner's father, Allstate Insurance, and subsequently added Clukey. Plaintiff argued that Clukey knew or should have known that Milner was intoxicated and unfit to drive a motor-vehicle; and because he had this knowledge he owed a duty to exercise reasonable care to all persons using the public highway. This argument was based on a theory that Clukey had breached his duty to all persons on the highway by allowing Milner to drive drunk; and that this breach caused the plaintiff's husband to die.

Clukey countered the plaintiff's argument by stating that by imposing liability on him the court would place an affirmative duty on adults to prevent other people who are intoxicated from operating a vehicle.

The court in this case found that Clukey did not have a duty that he violated in this case. A person who knowingly lets another person drive drunk cannot be held liable under negligence for injuries the drunken party causes to another. Therefore, the plaintiff's negligence action against him failed and this court entered summary judgment on behalf of Clukey.

This case illustrates the legal conflict between individual responsibility and public welfare.

Continue reading "Can You be Held Liable for Knowingly Letting Another Drive Drunk in New York? The Court Answers this in Gushlaw v Miller" »

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" »

New York City drunk-driving accident attorneys urge all motorists to be sober every time they get behind the wheel throughout the holiday season.

Holiday celebrations can often lead to a slew of accidents where someone is killed or seriously injured in a drunk driving accident in Nassau County or elsewhere throughout the state. Rather than risk a drunk-driving accident this holiday season, prepare to drink responsible or designate a driver so you can get home safely.

In 2009, Mothers Against Drunk Driving New York (MADD) successfully passed legislation to keep repeat drunk-driving offenders off of New York roadways. "Leandra's Law" requires convicted drunk drivers to have ignition interlocks installed in their vehicle. The law also considers any drunk driver found with a child passenger in the vehicle to be committing a felony and charged accordingly.

The New York Daily News reported recently that MADD advocates want New York's Leandra Law to be a gold standard for all states in keeping kids and streets safe from drunk drivers. Leandra was an 11-year-old girl who was killed in a drunk-driving accident in 2009.

Far too many lives are taken from children riding in the back seat with someone who gets behind the wheel to drive after having consumed considerable amounts of alcohol. More than 1,400 drunk drivers have been arrested in New York on the basis of Leandra's Law since the law was adopted in 2009. To date, only three other states, Oklahoma, Texas and Arizona, have similar laws pertaining to drunk-driving violators. MADD advocates hope to change that as they address representatives in Washington and push for all states to pass legislation that deter drivers from getting behind the wheel intoxicated. MADD offices located in each state will also start by pushing local judiciary leaders to adopt their own version of the New York law.

Motorists are not the only ones who should be concerned about drunk drivers this holiday season. USA Today recently reported that new data from the National Highway Traffic Safety Administration states that pedestrians are at severe risk of being involved in a drunk-driving accident. In 2009, almost half of pedestrian deaths were caused by alcohol-impairment of either the driver or pedestrian. More specifically, 35 percent of the pedestrians killed were legally drunk in 2009, in addition to 13 percent of pedestrian deaths being caused by an impaired driver. Both driver and pedestrian were drunk in 6 percent of pedestrian deaths in 2009.

So as New Yorkers make New Year's resolutions this holiday season, keep in mind a solemn vow to drink responsibly and use extra caution every time you make plans to attend a party or gathering throughout the year. Staying sober can keep all motorists and pedestrians from being involved in a drunk driving accident.

Continue reading "Sober Behind the Wheel This Holiday Season Lowers Chances of New York City Drunk-Driving Accident" »

Driving under the influence of drugs or alcohol can impair your judgment to the point that it can cause you to do crazy things like run a red light, speed upwards of 80 mph on roadways meant to be traveled at lower speeds or drive the wrong way on multiple lane highways, one way streets or exit and entrance ramps.

Other motorists then are at risk of a drunk driving accident in Manhattan when an intoxicated or drugged driver uses poor taste which leads them down the wrong path, literally.

New York State Police are investigating a crash involving a wrong-way driver, reports My Fox New York. A recent three-vehicle accident has investigators sorting out the details leading up to the early Saturday morning crash.

Police received a call that a car was traveling east on the westbound lane of the New York State thruway right before a head-on crash occurred with an SUV near Exit 26. Shortly thereafter, a third vehicle collided with the SUV in the westbound lane. No one involved in the crash sustained life-threatening injuries but all five people were taken to Ellis Hospital by local EMS.

The driver that initiated the collision was charged with DWI, Unlawful Possession of Marijuana and vehicular assault. Those are all serious charges, but they could have easily been more serious had someone been seriously injured or killed. The driver should be thankful more damage wasn't done.

New York drunk driving accident attorneys know that intoxicated drivers kill approximately 12,000 people every year on U.S. roadways. More research is needed to assess the dangers of marijuana use on driving ability but it isn't a stretch to think that it can affect your judgment much like any other drug can. Anything that impairs your thinking is considered dangerous when you try to operate a vehicle because safety depends on a driver's ability to make decisions in a split second.

The National Highway Traffic Safety Administration reported 321 deaths in New York caused by an intoxicated driver driving over the legal limit in 2009. This equates to roughly 28 percent of total traffic fatalities for our state which is below the national average at 32 percent. On average, roughly 44 out of every 10,000 drivers are arrested for driving under the influence each year in New York.

Interestingly, New York is one of 6 states currently pending legislation to allow the use of medical marijuana. Senate Bill S2774 proposes to legalize possession, use, delivery, transport, manufacture, and administration of marijuana by a qualified caregiver or certified patient for a prescribed medical use at no more than 2.5 ounces.

The bill was introduced to Senate Health Committee in February by Committee Chairman Tom Duane and is pending a decision. There are 16 other states that have already legalized the use of medical marijuana.

Continue reading "Drivers Impaired by Alcohol or Marijuana Place Other Motorists at High Risk of Manhattan Car Accidents" »

A devastating 4th of July drunk driving car accident in New York was remembered recently near the eastbound service road of the Long Island Expressway in Flushing, Queens. The daughter of a 64-year-old man stood near 150th Street with a homemade poster to raise awareness about the dangers of drunk driving. It was her father that died in the unfortunate accident.

The accident happened just a year ago when the 64-year-old driver was hit by a drunk driver, who was traveling the wrong way. The drunk driver smashed into the father's airport shuttle van. The man slid out of the van right before it exploded, according to Pix 11. The father suffered catastrophic injuries. He battled these injuries for more than two weeks at New York Hospital-Flushing. Three days after doctors amputated his right leg because of severe infection, he passed away.

Our New York car accident attorneys understand that drunk drivers pose serious threats to all motorists on our roadways. For this reason, the National Transportation Safety Board (NTSB) has placed these drivers on their "most wanted" list. Something needs to be done to stop these drivers in their tracks to help save lives around the country.

"It was a crucifixion. His abdomen was open, his chest was crushed, his leg was destroyed," says his daughter, remembering the traumatic event.

The drunk driver was speeding, traveling at more than 80 miles per hour, and was traveling the wrong way. He was sentenced back in March to 3.5 to 10.5 years in prison.

In an attempt to combat this serious and fatal problem, the victim's daughters have been trying to get a law passed in their father's name. John Rey's bill, which recently passed in the state Senate, addresses safety concerns at "exit ramps" near major highways. Not only are they looking to have more signs placed in these areas to alert drivers that they're traveling the wrong way, but they're also trying to get road spikes in these areas. They believe that road spikes are more likely to grab the attention of a drunk driver.

Since this tragic 4th of July accident, there have been at least 19 more "wrong way" accidents that happened in the metro area before the year's end. One of these incidents even killed a New York City police officer on his way home from work.

In an attempt to stop tragic accidents like this one, the NTSB has launched a new campaign that targets our roadway's most dangerous drivers. It's no surprise that drunk drivers are on the NTSB's most wanted list. The campaign offers a number of actions that can be taken to implement necessary life-saving safety recommendations.

It is estimated that someone dies from a traffic accident that involves an alcohol-impaired driver every 48 minutes. In 2009, nearly 11,000 people died because of these incidents. Drunk driving accidents accounted for a third of all highway deaths. Although the number of fatal accidents across the United States has experienced a decrease in the last 10 years, the number of drunk driving accidents remains the same. Surprisingly enough, the National Highway Traffic Safety Administration reports that a motorist is likely to make nearly 90 impaired driving trips before they're arrested. Impaired driving is a preventable accident that takes the lives of too many motorists year after year.

The NTSB recommends that states consider these actions to help stop drunk driving:

-Ensure administrative license revocation when a driver fails or refuses to take a sobriety test.

-Limit plea bargaining and diversion programs. Make sure that the consequences and sentences for those who've been busted drinking and driving are firm and severe.

-Conduct a number of sobriety check points, especially around popular holidays.

-Consider installing ignition interlock devices for those who have been convicted of driving while impaired to ensure they won't do it again in their vehicle.

-Sentence guilty parties to jail time, home detention with electronic monitoring or intensive supervision probation.

Until more strict punishments accompany drunk driving, we are doomed to continue to see accidents like the fatal 4th of July accident in New York. Motorists are asked to take driving seriously and to stay sober behind the wheel. Any amount of alcohol has the ability to alter your decision making skills and your reaction time and has the potential to kill your or another innocent motorist.

Continue reading "Brutal Accident Remembered - NTSB Targeting Drunk Drivers in New York and Elsewhere" »

Recently released statistics by the National Safety Council estimate that more than 400 fatalities will occur because of car accidents in New York and elsewhere in the country during the upcoming Memorial Day weekend.

They also estimate that the United States will see another 39,000 injuries that require medical attention during the kickoff weekend of the summer season.

The NSC also estimates that more than 300 vehicle occupants may survive the Memorial Day holiday weekend traffic accidents because they will be wearing seat belts. It is also estimated that another 103 lives could be saved if everyone wore their seat belt.

Our New York City injury attorneys urge all motorists to wear their seat belt while traveling on our New York roadways. Residents and visitors should know the National Highway Traffic Safety Administration will be supporting "Click It or Ticket" campaigns to help raise awareness about the importance of seat belt usage.

The "Click It or Ticket" campaign has been proven the most successful safety belt enforcement campaign of all time as it has contributed to the highest national safety belt usage rate - nearly 90 percent. Law enforcement will strictly enforce their zero-tolerance policy of safety belt violations across the country throughout the entire campaign.

Over the last six years, Memorial Day weekend averages for vehicle accidents experience an increase of more than 12 percent compared to similar non-holiday periods. Many credit the increase in accidents to the increase in travel nationwide.

The NSC offers these tips to help keep you safe on the road this Memorial Day holiday weekend:

-Make sure you and all of your passengers are wearing their seats belts and that children are in age-appropriate safety seats.

-Refrain from all cell phone use while operating a motor vehicle. Distracting driving habits greatly increase your risks of being involved in an accident that results in injury.

-Avoid drinking and driving at all costs.Consumption of alcohol impairs reaction time and driving judgment. Be sure to keep your friends and family from jumping behind the wheel after drinking as well.

-Make sure you're well rested. It is encouraged you get your rest during this busy holiday weekend before driving your car.

-Practice defensive driving habits and always exercise caution, especially during shoddy weather conditions.

-Allow plenty of travel time to get to your destination to avoid frustration and the need for speed. Obey all traffic laws while traveling.

Memorial Day is celebrated May 30 but it is actually observed on the last Monday in May. The holiday is always celebrated as 3.25-day weekend that consists of Friday evening, Saturday, Sunday, and Monday. This year, the holiday period will extend from 6:00 p.m. on Friday, May 27, to 11:59 p.m. on Monday, May 30. All drivers are urged to practice extra safe driving habits during this holiday weekend to avoid becoming one of these unfortunate statistics.

Continue reading "Memorial Day Holiday Weekend Sees Spike in Car Accidents in New York and Elsewhere" »

According to the most recent findings by the Centers for Disease Control and Prevention, motor-vehicle related fatalities in the United Stated resulted in roughly $41 billion in medical and work loss costs. Half of the total costs were from only ten states and New York car accidents ranked near the top.

"Deaths from motor vehicle crashes are preventable," said CDC Director Thomas R. Frieden, M.D., M.P.H. "Seat belts, graduated driver's license programs, child safety seats, and helmet use save lives and reduce health care costs."

New York City injury lawyers understand that areas that are densely populated, like New York, create a higher risk for being involved in a car accident. It is with heightened awareness and focused, safe driving habits that we can attempt to reverse these crash statistics and produce safer New York roadways.

In 2008, roughly 1,000 passenger-vehicles were involved in fatal accidents in New York, according to the National Highway Traffic Safety Administration.

The top ten states, according to CDC data, with the most expensive medical and work loss costs:

-California ($4.16 billion)

-Texas ($3.50 billion)

-Florida ($3.16 billion)

-Georgia ($1.55 billion)

-Pennsylvania ($1.52 billion)

-North Carolina ($1.50 billion)

-New York ($1.33 billion)

-Illinois ($1.32 billion)

-Ohio ($1.23 billion)

-Tennessee ($1.15 billion)

The CDC released new fact sheets involving these statistics to highlight state-based costs of crash deaths to coincide with the kickoff of the Decade of Action for Road Safety campaign. This campaign, created by the United Nations General Assembly, aims to raise awareness about the number of motor-vehicle accidents worldwide and make an attempt to reduce those statistics by 2020.

According to the info provided by the CDC, motor-vehicle accident deaths among children under the age of 16 had the highest percentage of costs than any other age group -- nearly $900 million.

"It's tragic to hear that anyone dies on our nation's roads. But it's especially so when the person who loses his or her life is a child or teenager," said Linda Degutis, Dr. P.H., M.S.N., director, National Center for Injury Prevention and Control. "Child passenger safety laws and comprehensive graduated driver licensing laws are proven to protect young lives. We encourage states to strengthen and enforce these laws to help keep more of our young people safe."

The CDC's Injury Center offers these suggestions to states nationwide to help reduce the risks of accident-related deaths in their area:

-Create comprehensive graduated driver licensing (GDL) systems, as these regulations have been proven to reduce teen crashes. These GDL systems help new, teen drivers to gain driving experience under lower-risk conditions by allowing driving privileges in a number of stages. GDL systems have been shown to reduce accidents among 16-year-old drivers by about 40 percent.

-Create and enforce primary seat belt laws; a law would allow motorists to be stopped and given citations for not wearing a seat belt. Seat belts have been proven to reduce the risk of death to front seat occupants by about 50 percent.

-Enlist universal motorcycle helmet laws. A law that would require all riders to wear helmets. The use of a helmet can reduce the risk of death in a motorcycle accident by nearly 40 percent and can reduce the risk of brain injury nearly 70 percent.

-Enforce strong child passenger safety policies. Children should be required to ride in age- and size-appropriate child safety seats and booster seats while riding in motor vehicles.

"These preventable costs are a reflection of the terrible suffering of American families whose loved ones are killed or injured on the roads," said Norman Mineta, chairman of Make Roads Safe North America and the longest serving Secretary of Transportation in U.S. history. "Today, on the launch of the first-ever Decade of Action for Road Safety, occurring in 30 cities across our nation and 50 countries worldwide, it is time for all of us to take action to save lives at home and around the globe."

Continue reading "New York Car Accidents Place State in Top Ten for Most Costly State" »

St. Patrick's Day provides an opportunity for friends and family to get together and celebrate the Irish holiday over a long weekend. It also results in an increase in alcohol consumption. New York City personal injury lawyers urge you to celebrate responsibly and take the necessary precautions to avoid drinking and driving.

New York State Police are cracking down this holiday weekend and have a number of planned enforcement efforts, including patrols in hopes that the increased visibility will help prevent New York car accidents this St. Patrick's Day.

Every year, New York City hosts the New York City St. Patrick's Day Parade. The Parade prides itself on being the biggest, the oldest and best parade in the world since 1762.

The Parade marches down Fifth Avenue starting at 11:00 a.m. and ending around 4:30 p.m. on March 17th. Parade information can be found on the Official Parade Website.

Bars and restaurants will be open and serving the traditional green beer throughout the entire route of the parade -- and probably through the weekend for that matter; St. Patrick's Day is one of the leading holidays for alcohol consumption.

DrinkingAndDriving.org provides you with a complete lesson plan guiding you through a safe and accident free St. Patrick's Day:

-Remember that a DWI typically costs around $10,000.

-Find a designated driver, a taxi, another form of public transportation or a hotel room if you've been drinking.

-Help you friends and family. Make sure they're not driving drunk either.

-Remember your designated drinks nothing, a designated driver is not determined by who is the least drunk of the bunch.

DrinkingAndDriving.org also offers a Sober Pledge Contract that you and your friends can sign and agree upon to make sure everyone is safe this St. Patrick's Day weekend.

Continue reading "St. Patrick's Day Celebrations Increase Risks for New York Car Accidents" »

The National Highway Traffic Safety Administration (NHTSA) and Automotive Coalition for Traffic Safety (ACTS) are combining resources to develop a new technology to prevent drunk drivers from getting behind the wheel.

The $10 million project is currently under development as reported by the NHTSA and is expected to take approximately 5 years to be fully tested and implemented.

Nicholas Rose, our New York City accident attorney, is hopeful that the new Driver Alcohol Detection System for Safety (DADSS) technology will keep drunk drivers off the roadways and make the streets and highways safer for other New York drivers.

One of the recent viewers of the new technology, MADD President Laura Dean-Mooney, welcomed the progress of the DADSS research effort, saying, "Auto makers have stepped up to help turn cars into the cure. This project has made substantial progress and this technology could one day be an important step in our efforts to eliminate drunk driving."

Currently in the development phase, DADSS will be used as a tool to keep drunk drivers from driving their vehicle if their blood alcohol content is over the legal limit of .08.

Drivers who choose to get behind the wheel while under the influence typically have habitual tendencies to do so. Statistics show that in fatal drunk driving accidents, drivers involved are 8 times more likely to be repeat offenders than a driver with no alcohol in their system at the time of the accident.

According to the NHTSA, there were 10,839 deaths in crashes involving at least one driver with a BAC level of .08 or higher in 2009. This equates to about 32% of total traffic fatalities for the entire year.

There were 7,281 fatalities when the driver tested positive for BAC of .08 or higher which equates to about 67%.

In 2009, New York reported a total of 1,156 fatalities in motor vehicle crashes. There were 388 (34%) fatalities when BAC was .01 or higher for at least one driver. Most of the alcohol-impaired fatal crashes occurred when the BAC of New York drivers was between .08 and .14. There were a total of 1,514 drivers involved in New York fatal crashes in 2009. There were 370 drivers involved in fatal crashes in New York with a BAC of .01 or higher.

The government is optimistic that DADSS will be good for the fight against drunk driving.

"The technology we are seeing here today could quite simply signal a new frontier in the fight against drunk driving," said NHTSA Administrator David Strickland.

Though we are a few years away from this new technology being voluntarily installed in new vehicles, drivers in New York can increase their chances of avoiding a drunk driving accident by choosing not to get behind the wheel after consuming alcohol.

Continue reading "Technology could eliminate risk of drunk driving car accidents in New York City, Long Island" »

Since Nov. 15 there have been a slew of alleged drunken driving wrong-way Long Island car accidents, the first of which claimed the life of an off-duty NYPD cop making his way home from work, Newsday reports.

The driver, a 50-year-old Brownsville man, had a blood-alcohol level that was more than three times the legal limit. He has been charged with DWI and reckless driving.

During a span of just seven weeks, 15 wrong-way crashes in Long Island have been linked to drug or alcohol impairment. The youngest of the wrong-way drivers is 19 and the oldest is 54. Incidents include a fatality, a head-on collision, several drivers who attempted to elude capture, and a driver who maintained a speed of at least 100 miles per hour for four minutes before losing control of his vehicle and crashing. According to Newsday, three of the wrong-way drivers were stopped in East Meadow, two in Shirley, two on the Long Island Expressway, two on Sunrise Highway, one on the Northern State Parkway.

The rest were nabbed while driving in Calverton, West Brentwood, Middle Island, Central Islip and Bellmore.

With that said, the Insurance Institute of Highway Safety reports that there has been a more than 40 percent decline in the number of drunk drivers killed in DWI crashes since 1982. The decline flat-lined since the late 1990s and incidents of drunk driver fatalities have crept back up over the last five years. Midnight to 3 a.m. is the deadliest window for alcohol-related fatal crashes, and DWI crashes peak in nighttime hours between 9 p.m. and 6 a.m.

According to IIHS, male drivers aged 21 to 40 are far more likely to die in a fatal drunk driving car accident than females. Men were also more likely to be victims with higher (0.15 percent) blood-alcohol levels.

Throughout New York State in 2009, there were 8,439 reports of alcohol-involved car accidents that left 148 dead and injured 4,526. Another 537 New York car accidents were linked to illegal drug use, claiming 6 and leaving 342 injured. Yet another 407 crashes were linked to prescription drug intoxication, killing 7 and causing 247 injuries, the New York Department of Motor Vehicles reports.

We continue to report the dangers resulting from drivers who are under the influence of alcohol or drugs. These one-way crashes can be particularly devastating and statistics show, unfortunately, the Long Island motorists have cause to worry.

Continue reading "Drugs or alcohol believed to be a factor in 15 recent wrong-way crashes in Long Island" »

New York City car accident attorney Nicholas Rose knows that the winter holiday season is a hectic time of celebration and contemplation for most all of us. Starting with the Thanksgiving Day parade and wrapping up with the ball drop on New Year's Eve in Times Square, New York City streets are even more so overwhelmed with visitors, pedestrians, detours and drivers than during any other time of year.

But with the excitement of the holiday season comes also an increased risk of a fatal New York City car accident. Analysis of nine years of data from the National Highway Traffic Safety Administration indicates that between New Year's Eve and New Year's Day there is a substantial increase in the number of alcohol-related fatal car crashes across the state and nationwide.

On average, 80 people die nationwide in New Year's Day crashes. This number represents a nearly 150 percent increase in the number of alcohol-related fatal car accidents than on other days during the holiday season. And prior to the clock striking midnight on Dec. 31, there is a 25 percent increase in the number of alcohol-related fatal car accidents than during other days spanning the month of the holiday.

Thus, the AAA Foundation for Traffic Safety report concludes, alcohol continues to play a significant role in making New Year's Eve and New Year's Day among the deadliest for motorists nationwide.

The report also revealed a disturbing truth. Of those surveyed, one in 10 drivers admitted to driving drunk during the last year and another half say they've done so more than once. At the same time, 9 out of 10 participants said they believe drinking and driving is a serious threat. So much so that nearly 70 percent of those asked support requiring that convicted DWI offenders install an ignition interlock device to deter drivers from getting behind the wheel under the influence a second time.

In New York alone, Newsday reports that statewide drunk-driving fatalities have held steady at 30 percent of all New York car accident deaths since 2005, despite beefed up DWI enforcement, stricter legislation and an increase in social stigmatization associated with drunken driving.

And just in New York City, in 2009 there were 75,539 reported motor-vehicle accidents that claimed 256 lives and left 51,234 injured. Of those crashes, 1,015 involved alcohol, 97 involved illegal drugs and 42 involved prescription medication, causing 24 fatalities and leaving 893 injured, the New York Department of Motor Vehicles reports.

Do yourself and others on the road a favor in 2011, and resolve not to drink and drive. Period.

Continue reading "Resolve to stay safe: Don't let drinking and driving lead to New York car accidents" »

It was almost a year ago when the 31-year-old, then an off-duty Brooklyn cop, struck and killed a 32-year-old woman as she tried to hail a cab after leaving a wedding reception. In court this week, the driver, who refused a breath test at the time of the fatal New York City car accident, pled guilty to second-degree vehicular manslaughter and admitted he was intoxicated at the time of the accident, the New York Times reported.

He is expected to serve 90-days in jail, undergo five years of probation and will see his driver's license suspended for one year. In addition, he is required to complete an alcohol treatment program and must install an interlocking device on his car, which requires a breath test before the vehicle can be operated. He will be formally sentenced on Sept. 24. He also resigned from his eight-year position as a Brooklyn law enforcement officer with the 68th Precinct.

After he pled guilty, the former officer spoke briefly with the family of the deceased. Her father, a pastor at the Church of God on Rodgers Avenue, said the family offered their forgiveness.

In 2007, more than 28,000 people were arrested for drunk driving in New York and 461 people were killed in alcohol-related car accidents in New York. In 2008, there were 320 fatal New York car accidents where alcohol was a factor in claiming 409 lives. New York drunk driving car accidents are responsible for about one-third of the state's traffic deaths.

Continue reading "Former Brooklyn cop pleads guilty to vehicular manslaughter in fatal NYC car accident" »