New York Injury Lawyer Blog

When we all drive, we assume that any New York accident we have will be caused by the other person. However, what have courts interpreted as the cause of motorcycle accidents throughout the North East?

Our experienced New York injury attorneys understand the many questions you may have, and we are here to help guide you in your case.

In Maine recently, the court dealt with a question of causation in McIlroy v. Gibson's Apple Orchard. The issue was whether the owner of a large sign located close to the road, could be held liable for injuries sustained in a motorcycle accident.

This case arose where McIlroy (plaintiff) was on his motorcycle passing through an intersection. He saw a vehicle being driven by Charlotte Small (Small) maneuver into his lane. It is undisputed that Small had the right of way. Upon seeing this maneuver, the plaintiff thought that Small had not seen him because of a large sign that was close to the road. Plaintiff swerved his motorcycle causing him to lose control causing him to sustain serious injuries.

Gibson's Apple Orchard (defendant) had placed an eight-foot square sign as an advertisement on the side of the road near the intersection. This sign was so large that it caused the view of the road to be obstructed. Small testified in his deposition that he had seen the plaintiff but that he did maneuver because of the sign in order to see the rest of the road.

Plaintiff sued the defendant claiming that the defendant had been negligent in the placing of the sign, and that this negligence had caused his motorcycle accident.
In order to prove a case for negligence, the plaintiff has the burden of proving the four elements of negligence. These elements are: the defendant had a specific duty of care; this duty of care was breached by the defendant; the breach of duty by the defendant was the direct and proximate cause of the plaintiff's injuries; and that there were actual damages to the plaintiff. To prove this type of case, the plaintiff only has to prove that it is more likely than not that the defendant is guilty of negligence.

Causation is usually the most complicated part of a personal injury lawsuit. Not only does the plaintiff have to prove that the defendants' breach of duty was the actual cause of the plaintiff's injuries; the plaintiff also has to prove that the defendants' actions were the proximate cause of their injuries. To be liable for negligence, the defendant needs only to have acted recklessly or carelessly, not necessarily intentionally.

In application to the facts of this case, the plaintiff had to show that not only was the defendant's placement of the sign the cause of his injuries but that the defendant could have foreseen that someone on a motorcycle could be involved in an accident because of the sign.

As support of the plaintiff's contention that the defendant's placement of the sign was the direct cause of his injuries; the plaintiff argued that the size and location of the sign obstructed driver's view of the road. And because of this obstruction it could be reasonably foreseeable to the defendant of the possibility of an accident when they placed the sign.

This court found that where there is a potential question for the jury and where the jury could find it to be a reasonable inference from the facts that the defendant's actions caused the plaintiff's injuries, the case must be remanded to the lower court to decide the question of liability. Basically, plaintiff's arguments were found to be possible and the court found that the deciphering of the case facts should be done by a reasonable jury.

Thus, this case illustrates that were there is a plausible argument made that leads to possible inferences, a jury must hear the case.

Continue reading "New York Personal Injury Watch: McIlroy v. Gibson's Says that Causation in Motorcycle Accidents Can be Analyzed Broadly " »

The National Highway Traffic Safety Administration estimates that fatigued drivers cost Americans $12.5 billion in damages and medical losses every year. Drowsy drivers cause roughly 100,000 car accidents annually leading to over 1,500 deaths and 71,000 injuries in these types of collisions.

New York car accident attorneys know that thousands of people suffer from sleeping disorders which can only make roadways more dangerous for everyone who uses them. It only takes a second for a fatigued driver to swerve off the road or sway into oncoming traffic after nodding off behind the wheel which creates a high risk for a car accident in Manhattan.

The Centers for Disease Control and Prevention released a sleep study earlier this year which indicated that 5 percent of drivers admit to dozing while driving in the month prior to the study. Microsleep, a few seconds of sleep or less, can be just as dangerous for drivers as dozing off for minutes at a time because driver inattention has been lost for several hundred feet of roadway and anything can happen in that short amount of time when a vehicle is not being controlled by the driver.

A 2005 study by the National Sleep Foundation reported more compelling results about drowsy driving. The results of the Sleep in America poll indicated the following:

• 168 million drivers admit to driving a vehicle while they felt tired in the past year.


• 103 million drivers admit they have fallen asleep behind the wheel in the last year.


• 13 percent of the respondents that admitted to falling asleep while driving said that it is a monthly occurrence for them.


• The age group that most admitted to driving drowsy was 18-29 year-olds.


• Shift workers drive drowsy more often than day time or regular working hour employees.


• Males drive drowsy (56 percent) more often than female drivers (45 percent).

Fatigued drivers are often compared to drunk drivers because driving drowsy affects your reaction time and motor skills similar to how driving intoxicated affects the skills needed to drive safely. Someone who has been awake for 18 hours is equivalent to a driver testing with a blood alcohol concentration of .05 which is nearly over the legal limit.

Drowsy driving research could be further advanced with the implementation of a couple of key factors. One problem is drunk drivers can be given a breathalyzer test to see how much they have been drinking, but there is no test to be administered to drowsy drivers to determine a fatigue level. Developing a measurement to test fatigue levels could keep drowsy drivers off the streets and roadways safer in the long run. Another area needing improvement is police training in determining fatigue as a cause of an accident.

Self-reporting is really the only way of knowing when an accident is caused by fatigue and most drivers won't admit to it because it could have costly ramifications to their driving record or insurance rates. Developing a system for officers to use and report fatigued driving crashes would be helpful in future reports regarding car crashes related to driver drowsiness.

One way drivers can prevent drowsy driving accidents is to stop at a rest area or pull into a restaurant parking area. Many drivers who are fatigued make the mistake of trying to fight through drowsiness which results in a car crash. Stretching or getting some fresh air can give drivers a much needed boost and get the safe driving juices flowing again.

Continue reading "Drivers Admit to Fatigue, Put Other Motorists at Risks of Drowsy Driving Accidents in New York" »

Red-light cameras have caused heated debates throughout the country, but New York has taken enforcement once step further. According to NYC Finance, if you don't pay your red-light camera violation you could either get your vehicle towed by the city, you could suffer severe late fees and fines or you may not be able to renew your registration with the DMV.

Red-light cameras have been up and running in New York since 1993. It was during that year that the State Legislature approved 50 cameras to be installed at a number of intersections throughout the city. The program was expanded to the use of more than 100 cameras to reduce the number of car accidents in New York.

Our New York car accident attorneys understand these cameras have been under debate for quite some time now. Opposing parties would argue that they do nothing more than generate revenue for the city and some would argue that this is an unreliable invasion of privacy. In defense of the cameras, officials have said that the cameras are intended to save lives and that they photograph license plates only and not passengers.

A number of these cameras have been turned in for not working properly and even contributing to accidents, according to Tech Dirt. At many of these intersections, the number of rear-end collisions have increased while t-bone accidents have decreased. Some cities have even been accused of lowering the yellow-light time in an attempt to catch even more red-light runners.

"I've never . . . seen any studies that suggest red light cameras would be a good safety intervention to reduce right-turning accidents," said Mark Burkey, a researcher at North Carolina A&T State University who has studied photo enforcement collision patterns.

If you're busted running through a red light at one of our New York intersections that is already equipped with these cameras, you will receive a "Notice Of Liability" which is basically a fine for $50. The $50 fine that comes along with this notice of liability proves to be a reliable source of revenue for the city, which has collected more than $73 million in fines from drivers from 1993 to 2008, according to Senate Democrats.

If you run one of these red lights, you should expect the Notice of Liability about 30 days after the violation. You will then have 30 days from the NOL date to respond.

All payments must be made to the NYC Department of Finance. They are also the ones who are held responsible for holding hearings for drivers who wish to dispute the Notices of Liability they receive.

"Technology can absolutely help make roads safer, and red-light cameras and speed cameras, on properly engineered roadways, can play a proper role in that," said Mr. McNaull, a former police officer.

Whether they've been installed to generate some income for the city or to save drivers from suffer an intersection car accident, there's no getting around them as the eye in the sky is here to stay.

The New York City Driving Homepage offers a map of all the red-light camera locations throughout the city.

Continue reading "Red-Light Cameras -- Still a Hot Debate Regarding New York Car Accidents" »

A recently released Governors Highway Safety Association report shows that New York had one of the largest increases in fatal motorcycle accidents from 2009 to 2010.

This is discouraging considering that nationwide statistics showed an overall decrease in motorcycle fatalities in the same time period. Though the decline in 2010 was two percent, which is low compared to the 16 percent decrease in fatal motorcycle crashes seen in 2009, the numbers continue to fall, which is encouraging. During the 11 years prior to 2009, there were increases.

New York City personal injury lawyers are aware that despite a national decrease in motorcycle fatalities there was a significant increase in the number of fatal New York motorcycle accidents.

For the first 9 months of the year, the number of fatal accidents jumped from 136 in 2009 to 180 in 2010. Wisconsin and Michigan also experienced hefty increases. The data indicates that the rate of motorcycle accident fatalities tends to rise as the year progresses. This makes sense in northern states like New York where at the beginning of the year weather conditions aren't conducive to riding a motorcycle.

Clearly, the warmer weather of the spring and summer attracts more motorcycle riders. Educating all drivers to share the road with motorcycles is another contributing factor that influences fatality rates. States' approaches vary on the amount of campaigning officials do to encourage proper understanding by car and truck drivers and the need to respect the rights of motorcycle riders.

Members of ABATE, a motorcycle safety organization, were concerned regarding recent events in Onondaga County. There had been several motorcycle accidents in the county, some fatal. Local law enforcement chose to target bikers by pulling them over to inspect everything from helmet use to horns. ABATE members felt educating everyone to share the road better should have been the better focus than inspecting bikers machines and protective gear.

Proper licensing and training of motorcycle riders can also influence fatality rates each year. In order to get a license to operate a motorcycle, some states require more extensive safety courses than others. Fatalities declined 27 percent in Oregon after stricter licensing and safety protocols were implemented. Motorcycle riders encounter many dangers on the road. It is vital to protect yourself as best you can by obeying all traffic laws and taking an approved safety course.

Recently state leaders gathered at the Crossings Park in Colonie to share safety tips for motorcyclists and motorists, according to the Times Union.

"Motorcycling is more popular than ever," said state Department of Motor Vehicles Commissioner Barbara Fiala. "With this popularity comes an increase in crashes, injuries and fatalities."

Over the past 10 years, the number of licensed motorcycle riders in New York State has increased 28 percent, and registered vehicles have grown 76 percent. New York State has well over 655,000 licensed riders. With this many vehicles on roadways, the risks become much higher, so always keep a watchful eye for motorcycles, scooters, bicycles and other small vehicles.

Continue reading "New York Motorcycle Fatalities Increase, Despite a National Decrease " »

May is Motorcycle Safety Awareness Month as part of an effort to help raise awareness about the vulnerability of these drivers.

These motorists are much more susceptible to injuries and death when involved in a motorcycle accident in New York and elsewhere in the state, as they are smaller and have less protection. They are often left in a motor vehicle's blind spot and overlooked on our roadways.

Throughout the entire month, the National Safety Council and our New York personal injury attorneys urge motorists to share the road with our motorcyclists and to exercise extra caution and awareness when they're nearby. Driver awareness may be one of the most effective ways to avoid these potentially deadly interactions.

The need for this awareness month continues as accidents involving motor vehicles and motorcycles jumped more than 130 percent between 1998 and 2008. In 2007, it was estimated that the mileage death rate for motorcycle riders was nearly 40 times greater than that of a passenger vehicle occupant.

"Throughout spring and summer the number of motorcyclists on the road will increase. It is important for both motorists and motorcyclists to be aware of one another," said David Teater, NSC senior director of Transportation Initiatives. "To better defend themselves, motorcyclists should follow the rules of the roadway and wear protective gear, including a Department of Transportation compliant helmet."

Our roadways see more motorcyclists in the springtime weather. Drivers in New York and elsewhere across the state need to be cautious and alert for our two-wheeled drivers.

As the economy recovers, we expect more and more motorcycles to be hitting our roadways. We expect that number to rise even more because of the rising gas prices.

According to the National Highway Traffic Safety Administration, more than 150 motorcyclists lost their lives in traffic accidents occurred in New York State in 2010. This is a number that continues to rise every year.

The NSC offers these tips for motorists to help recognize the presence of motorcyclists:

-Do not tailgate a motorcycle. Allow even more distance between you and them than you would a motor vehicle.

-Allow a motorcycle to use the entire width of a lane. Never try to share a lane.

-Exercise extra caution in intersections. Most accidents happen when a motorist fails to see a motorcyclist and turns left in front of a motorcycle.

-Check, and double check, your surroundings before making a maneuver in traffic.

A complete list of motorcycle events in New York, including rides to support National Motorcycle Safety Awareness Month, can be found on the Cycle Fish website.

Continue reading "May Raises Awareness for Motorcycle Accidents in New York and Elsewhere" »

Now that the temperatures are rising slightly, you may have noticed more motorcycles on the road. In fact, many members of American Bikers Aimed Toward Education New York have already done their traditional season kick-off.

Last week in Syracuse, members of ABATE kicked off motorcycle season with the traditional 'Blessing of the Bikes', according to Your News Now. The 27-year-old tradition is a reminder that bikers are back on the roadways so it is time to start promoting motorcycle safety and awareness.

New York motorcycle accident attorney Nicholas Rose knows the responsibility falls both on the motorists and the motorcyclists to keep roadways safe. In 2009, 146 motorcyclists were killed in New York crashes.

Learning to share the road is critical. This early in the season, New York State Police have already had two incidents to respond to in Rockland. According to Nyack-Piermont Patch the first incident resulted in fatality of a middle-aged father of two. In the second incident the motorcyclist collided with a truck but remained unscathed walking away with minor injuries.

The majority of collisions occur when the vehicle driver fails to yield the right-of-way to a motorcyclist or doesn't see them at all.

Some states require helmets to be worn, while others don't. Some believe that helmets actually cause injury when involved in a crash. Research has shown that riders who wear helmets have survived a crash more often than a rider who does not. Motorcyclists are reminded that wearing a helmet is state law in New York and failure to do so can lead to $100 fine as well as possible jail time.

Motorcyclists should be aware of the things that are in their control when sharing the roadway with other motorists. Always wear a helmet and protective gear. Motorcyclists should wear bright clothing in order to be made more visible. Bikers should always be courteous to other motorists but alert for signs of aggressive driving. Aggressive behaviors often lead to fatal accidents.

Still, no amount of safe riding can guarantee you will not be involved in a New York motorcycle accident; over half of all accidents involving a passenger vehicle are the fault of the vehicle's driver.

Continue reading "Spring a Dangerous Time for New York Motorcycle Accidents" »

Many drivers rely on GPS systems to help them navigate their way through city roads. A new application could be soon available for travelers to reach their destinations using the safest roads possible, as Top Tech News reports.

New York City personal injury lawyers understand the dangers of traveling -- drivers in an unfamiliar area are at increased risk of being involved in an accident. We encourage you to plan for your trip by allowing enough time to avoid rushing, have an alternative route and make sure your car is properly maintained to avoid potentially deadly car accidents.

AAA is currently working with eight states to program and plot their safest roads and routes, using years of prior accident rates. The company is confident that this application will have the ability to save lives.

"You could get in a car, turn on the in-vehicle navigation and request not only the quickest way from point A to point B, but the safest way," said Peter Kissinger, president and CEO of the AAA Foundation. You can now drive your "5-star-car" through "5-star-roads".

A similar service, SafeRoadMaps.org, is already available to drivers and has proven itself effective and useful to consumers; it has received more than 10 million hits in its first year-and-half.

The new portable application will be available to the public soon, within the next two or three years, and will be able to inform drivers of the safest roadways to take throughout their trip, based on years of analyzed information of where car accident deaths have occurred.

Continue reading "New App May Decrease Risks for New York City Car Accidents" »

The New York City Department of Transportation (DOT) announced that 2010 traffic fatalities increased from 2009 and the trend could continue due to the economic recovery.

New York Personal Injury Attorney Nicholas Rose knows that last year 269 people died in the five boroughs from traffic crashes. This is a statistic that is bound to get worse with more motorists commuting to and from work each day.

Though motorcycles make up only two percent of all vehicle registrations in New York City, they account for 14% of traffic fatalities. And in 2009 the number of fatal crashes went up by 10 from the previous year. A DOT study found that speed was the contributing factor in 46% of all fatal motorcycle accidents.

There were 151 fatal New York City pedestrian accidents 18 fatal bicycle crashes.

NYDOT had launched Safe Streets for Seniors in 2008. So far the program has made safety improvements to 10 senior areas. There were 44 senior fatalities in 2009.

To combat excessive speeding DOT launched the That's Why It's 30 campaign. They found out that most New Yorkers were unaware of the city's 30 mph speed limit. The ad campaign focused on the life saving benefit of traveling at 30 mph rather than 40 mph. There is a 70% chance a pedestrian will die if they are hit by a vehicle going 40 mph. But if the vehicle is going 30 mph there is an 80% chance a pedestrian will survive.

Another campaign by DOT, targeting young men, was You the Man, which aimed to reduce drunk driving. In 2008, men between the ages of 21 and 39 accounted for 63% of alcohol-related crashes in the city. An iPhone app is available to New Yorkers to let them locate an approved car service if they need a ride home after a night out.

DOT has the following upcoming initiatives planned:

-Across all five boroughs installing 1500 countdown pedestrian signals.

-Neighborhood 20 mph zones to slow down traffic in an area instead of individual streets.

-Rank corridors and address safety issues along 60 miles of roads per year.

-In Manhattan re-engineering 20 high-crash, high-volume intersections and improve visibility of pedestrians at left turns by removing curbside parking spaces near intersections.

Continue reading "Fatal New York City accidents on the rise, motorcycle accidents, bicycle accidents and pedestrian accidents of particular concern" »

A New York City bus accident closed the Manhattan-bound center tube of the Lincoln Tunnel this morning, according to the Star-Ledger.

Three buses and a motorcycle were involved in the accident and life-threatening injuries are reported. New York City personal injury lawyers understand this will likely be a complex case. Determining who is at fault will be critical. And multiple accident victims will likely file competing claims. Speaking to an experienced lawyer as soon after an accident as possible will typically offer the best chance for protecting your rights.

The New York Department of Transportation reports only about 10 percent of accidents in New York City involved three or more vehicles in 2009. Twenty-seven people were killed and nearly 6,000 were injured in such crashes.

All of the victims in this case were transported to hospitals in New York City. Eight additional ambulances were placed on standby at the New Jersey end of the tunnel but were not needed. The center tube is expected to be closed for most of the day.

Officials do not know how many were injured but estimates of 27 people hurt were being reported Thursday morning. The motorcycle rider's injuries were believed to be life-threatening.

Continue reading "27 injured in New York City bus accident in Lincoln Tunnel" »

An off-duty police officer has died in a New York motorcycle accident on Queens Highway, the Daily News reported.

The 27-year-old NYPD officer had just finished work at the 100th Precinct stationhouse, when he joined fellow riders for a ride to a party in Astoria Park. Authorities say he lost control of his bike and crashed into a guardrail. He was rushed to New York Hospital Queens, where he was pronounced dead.

The cause of the accident remains under investigation. He is one of 10 New York police officers who have been killed in motorcycle accidents since 2005.

Another rider was killed in a Queens motorcycle accident on 221st Street near 145th Road Street after losing control of the motorcycle and striking a tree.

The reports do not indicate either accident was the fault of another motorist. However, federal statistics show that more than half of all motorcycle accidents occur through no fault of the rider -- usually when another motorist pulls out in front of a motorcycle. Nationwide, the number of motorcycle accidents has continued to rise with the increasing popularity of riding. In 2008, a total of 5,290 riders were killed and more than 96,000 were injured in motorcycle accidents, according to the National Highway Traffic Safety Administration.

In New York, 177 riders were killed. Only California, Florida Texas, Pennsylvania and Ohio reported more motorcycle deaths. Traditionally, the summer weeks between Memorial Day and Labor Day have been the most dangerous on the road. Our Queens injury lawyers encourage riders and motorists alike to practice safe driving habits and help reduce the number of serious and fatal New York accidents this summer.

The Queens Chronicle reports that the officer's death has safety advocates pushing for improvements to that area of the Cross Island Parkway. Another rider was killed in 2006 after crashing into the same guardrail. Overgrowth along the road was cut back and damaged lighting was repaired but little else has been done to what some see as a needlessly dangerous stretch of road.

Continue reading "New York motorcycle accidents have some calling for improvements on Cross Island Parkway " »