New York Injury Lawyer Blawg

Recently DNAinfo reported on a construction accident at a job site that is part of City College of New York's (CUNY) south campus.

A 40-year-old man was rushed to the hospital after falling from a building at the future site of CUNY's Advanced Science Research Center in Harlem. The construction worker sustained a severe leg injury and head injuries from the 15 foot fall.

Our New York personal injury lawyers know that one-third of all construction deaths are the result of falls. We know the life changing injuries caused by employers who don't put safety first and ultimately increase the risk of a construction injuries in New York and elsewhere in the country.

A Department of Buildings spokesperson reported that the worker was wearing a safety harness but it had not been attached to a lifeline. Following the accident an immediate stop work order was issued to the jobsite.

In 2009, according to the Bureau of Labor Statistics there were 617 fatal work place falls, nearly half occurred in construction.

OSHA (Occupational Safety & Health Administration) sites four conditions that cause fall related injuries:

1. Unprotected sides, floor holes and wall openings
How to prevent injuries:
-Guardrails, safety nets or personal fall arrest systems should be in place, if employees are working 6 feet or more off the ground or the next lower level.

-Guard or cover floor holes.

-Constantly monitor jobsite for potential fall hazards, and correct them immediately.

-Use heavy duty material for covering holes so no one or any equipment can fall through.

-Follow the rule that fall prevention is better than fall protection. Make conditions safe so that you never have to find out how well fall protection systems works.

2. Improper scaffold construction

How to prevent injuries:
-When constructing all scaffolds follow the manufacturer's instructions.

-Guardrail systems should be along all ends and open sides of platforms.

-When scaffolds are above 10 feet off the ground use at minimum, a guardrail or personal fall arrest system.

-Always provide safe access to platforms.

-Never climb on the cross-bracing to get to the platform.

3. Unguarded Protruding Steel Rebar

How to prevent injuries:
-Bend or cap protruding rebar ends to prevent an impalement hazard.

-Fall prevention and protection is the best means to protect workers from an impalement hazard from rebar.

4. Misuse of ladders

How to prevent injuries:
-The sides of the ladder need to be 3 feet above the landing area.

-Grab devices are needed if the ladder can't extend 3 feet above the landing area.

-Don't exceed the weight limit for the ladder.

-Always inspect ladders prior to their use.

Continue reading "Safety Precautions Neglect to Prevent New York Work Accident " »

Consumer Reports reported that there will a Truck and Bus Safety Forum hosted by the National Transportation Safety Board (NTSB) on May 10th and 11th in Washington, D.C.

This forum comes as no surprise to our New York City accident lawyers after the tragic death of 15 people on a tour bus last month that crashed in the Bronx. Stronger regulations need to be in place to reduce the risk of future bus accidents in New York and throughout the country.

There have been some wicked motor coach crashes in New Jersey, Arizona, New Hampshire and New York during the last several months. The most horrific accident occurred early last month, as reported by the New York Times, when onto its side. In the moments before the crash witnesses reported that the bus had drifted over the rumble strip on the side of the road.

In an update to this accident, the New York Times also reported that the chairwoman of the NTSB said that the reason for the crash has yet to be determined. However, it does appear the bus was traveling in excess of the 55 mph speed limit. It is estimated to have traveled as high as 78 mph during the crash.

The Federal Motor Carrier Safety Administration has cited the bus company previously for driver fatigue. The trip to the Mohegan Sun casino originated in Manhattan around 7:30 p.m. and had departed the casino at 3:45 a.m. The crash took place around 5:30 a.m. on interstate 95, in Westchester County.

A week after the crash, a sting operation was set up at one bus stop in Manhattan by law enforcement and New York state transportation investigators. Incredibly 14 out of 14 buses that were stopped were forbidden to return to the road. Investigators found 40 minor and 10 major infractions including drivers with incomplete log books. This information is vital in determining how many hours the driver has been behind the wheel.

Following this accident, NY lawmakers and others are urging the NTSB to review the Federal Motor Carrier Safety Administration's regulations for the low-cost tour bus industry."

Continue reading "Recent New York Bus Accidents, Focus of Forum" »

Ignition interlocks installed in vehicles are proving to work when it comes to repeat offenders getting behind the wheel to drive while intoxicated. Our personal injury lawyers in New York know that drunk driving is a serious problem as New York ranked in the top 10 states with drunk driving fatalities in 2009.

Preventing habitual drunk drivers from causing fatal New York car accidents should be a focus since they don't seem to learn their lesson after the first incident.

The National Highway Traffic Safety Administration reported in 2009 that drivers involved in fatal crashes -- who tested with a blood alcohol concentration (BAC) of .08 or higher -- were 8 times more likely to have been previously convicted of a DUI offense than drivers involved in a fatal crash with no alcohol content detected. More than half of drunk drivers involved in fatal crashes in 2009 were tested at a BAC of .15 or greater, which is almost double the legal limit. New York reported 196 fatalities (17%) in 2009 that occurred when the BAC was tested at .15 or higher.

The Governors Highway Safety Association recently reported that researchers at the Center for Disease Control and Prevention (CDC) have concluded that ignition interlocks are working to prevent habitual drunk drivers from driving while under the influence. The CDC recently examined 15 studies on ignition interlocks and found that re-arrest rates for drunk drivers decreased by an average of 67% when ignition interlocks were installed in the vehicles of drivers with suspended licenses.

Dr. Thomas Frieden, Director of CDC, notes, "Each day, more than 30 people die because of alcohol-impaired driving. We know that interlock devices can save lives. More widespread use will reduce alcohol-related crash deaths and injuries."

CDC joins a number of other organizations in support of ignition interlocks which include Mothers Against Drunk Driving (MADD), NHTSA and GHSA. MADD fought aggressively in 2009 to pass Leandra's Law in New York. Successful in their fight, New York law now requires ignition interlocks for all drivers who are convicted of driving under the influence. In addition, Leandra's Law considers it a felony to drive drunk when a child is an occupant in the vehicle.

Choosing to drive while under the influence can cause serious harm or even fatality to other drivers. If you plan to be out drinking, have a plan in place to get you home so that you don't get behind the wheel and cause a drunk driving accident.

Continue reading "Ignition Interlocks May Curb Drunk Driving Accidents -- New York Joins Cause" »

The Inquirer is reporting that the Coast Guard is permitting the duck boats back in the water even as the city is considering more precautions.

Our Philadelphia duck boat lawyers agree that the city needs to take every precaution possible to prevent another tragic duck boat accident. That means keeping the boats out of service until they can be proven safe. Unfortunately, the city is not willing to do that and the inherently deadly design of the boats means no amount of precaution will prevent the risk of serious of fatal injuries in the event of another accident.

The changes to how the duck boats would operate, which were approved by the Coast Guard include:

-Old route: the boats went into the water at the Race Street ramp and could travel 300 feet from the shore and could go south as far as the Independence Seaport Museum

-New route: the boats will still enter at Race Street but travel only to Pier 5 near Arch Street and only go 100 feet from the shore.

-Old trip time was 30 minutes on the water.
-New trip time decreased to 15 minutes.

-New breakdown plan has a rescue boat stationed at Pier 5 with the ability to tow a disabled duck boat to safety.

-Duck boat air horns will work even if the engine is turned off. The day of the crash when the captain saw smoke he shut off the engine, which disabled the air horn.

-A crucial change would be that no boats would enter the water if a large ship is within half a nautical mile and traveling towards the duck boat area.

When federal investigators talked to duck boat captains, including the one from the fatal crash, all agreed that encounters with barges or tugs was an issue.

Encounters of this kind is exactly what caused the devastating collision that killed 2 tourists last summer. A duck boat became disabled and while stranded waiting for help, a tugboat pushed a barge into the duck boat. The impact sent 37 people (35 passengers, 2 crew members) into the river, killing two Hungarian students, Dora Schwendtner, 16, and Szabolcs Prem, 20.

Though the company is anxious to get their boats back in the water, the city is still considering asking for additional precautions. It's too bad such precautions weren't taken before someone was killed.

This isn't the first time the duck boats have faced challenges. A Philadelphia port captain barred duck boats, from 1998 to 2002, around Penn's Landing due to safety concerns around large ships. The ban was reversed when a new captain was assigned in 2003.

The National Transportation Safety Board's (NTSB) investigation continues and a final report is due this summer. However, inquiry documents including interview transcript have recently been released. This information included:

-The tug boat first mate received a personal cell phone call 5 minutes before the crash.

-It cannot be determined if the duck boat captain called the Coast Guard to say he was disabled in the water.

-The source of the smoke from the duck boat could be from the cap being off the radiator. A newly hired mechanic had done an inspection the night before the accident.

Continue reading "Precautions with Philly Duck Boats may not Prevent Another Tragedy" »