New York Injury Lawyer Blawg

Our Manhattan car accident attorneys know that New York City is one of the greatest tourists spots in the country but when tourists visit and are unaware of distracted driving laws in our state, and local residents ignore the law it creates a high risk for car accidents in New York City.

According to the Governors Highway Safety Association, New York is one of only 9 states that considers driving with a handheld cell phone a primary offense and motorists can be ticketed without other cause.

New York also prohibits text messaging by all drivers. Knowledge of state laws and awareness that you can be ticketed are key components in reversing what has become a public health threat in our country with an average of 15 deaths caused by distracted driving every day.

A pilot study in New York and Connecticut has provided positive results in reducing the number of distracted driving accidents occurring in Syracuse and Hartford. According to the National Highway Traffic Safety Administration advertising, public awareness through campaigning and heightened law enforcement throughout the two cities has shown a reduction in cell phone-related accidents throughout the four phases of the program.

Each program was provided $300,000 in state and federal funding to resource towards enhancing law enforcement throughout the city as well as using public address announcements and other forms of advertisement to sway motorists from talking on their cell phone while driving. The "Phone in One Hand, Ticket in the Other" slogan was campaigned throughout each city to drive the point home to motorists that if they chose to talk or text they would be pulled over.

The New York results:
-High visibility enforcement resulted in a decline of one-third less handheld cell phone use and texting practices while driving.
-9,587 violations were cited to drivers during the four phases of the program.

"The success of these pilot programs clearly show that combining strong laws with strong enforcement can bring about a sea change in public attitudes and behavior," said NHTSA Administrator David Strickland. "We applaud the work of the men and women of the Syracuse and Hartford police forces, and call on state legislatures, law enforcement and safety advocates across the nation to follow their lead."

GHSA reports no state bans all drivers from using cell phones completely, meaning prohibiting both handheld and hands-free use of devices while behind the wheel. Instead, each state has addressed cell phone use and texting allowances on an individual basis.

This could all change very soon. According to an article in Auto Trends, the proposed Safe Drivers Act of 2011 is a bill that would call on the government to federalize banning cell phone use while driving nationwide. The only exception under the proposed bill would be to call for emergency help.

The downside if passed is that cognitive distractions would still exist because hands-free devices located in the vehicle would still be permitted. Once the Safe Drivers Act of 2011 is passed, states would need to mandate and comply with enforcing the law within two years or else risk losing considerable federal funding provided to the state.

A call for consistency is definitely needed to help motorists understand that distracted driving is not tolerated no matter where you live or where you visit. Finding a way to reduce deaths and injuries caused by distracted drivers using a cell phone is necessary and an important step in our future.

Continue reading "Enforcement and Awareness of Distracted Driving Laws Reduces the Risk of Car Accidents in Manhattan, Elsewhere" »

New York personal injury lawyers know that the popularity of motorcycle riding is on the rise, which increases the risk of injury in a Manhattan motorcycle accident. We understand how significant injuries from a motorcycle crash can be to the rider and his or her family, so we urge motorists to be aware that riders are out there and may show up seemingly out of nowhere.

A recent national report by the Governors Highway Safety Association showed that motorcycle deaths were down nationally 2 percent from last year. But in 2009, New York reported 136 motorcycle fatalities between January and September. In 2010, there were 180 during that same time period.

The message to motorists from state officials gathered at the Crossings Park in Colonie was to always be aware of motorcycle riders especially during the summer. Sharing the road is the best way to keep our highways safe.

"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." She also commented that motorcycle riders have the same right to the road as other motorists.

New York State during the past 10 years has seen a 28 percent rise in licensed motorcycle riders and a 76 percent growth in registered vehicles. There are currently more than 655,000 licensed riders in our state, according to an article in the Times Union. Sadly motorcycle riders are 37 times more likely to die in a crash than a motor vehicle driver.

Earlier this month in a span of about a week there were eight fatal motorcycle crashes throughout the state. The manager of the state Motorcycle Safety Program, Chris Connelly, shared these tips:

-Beginner riders should take advantage of educational programs and it doesn't hurt experienced riders either.
-Riders should wear protective gear at all times.
-Riders should never ride under the influence of drugs or alcohol.
-Motorists should be aware of their surroundings looking for riders. They should never drive while distracted.
-Motorists should give riders plenty of room and they should never tailgate a motorcycle.

A lieutenant from the State Police, who is an avid motorcycle rider, demonstrated several ways riders can make themselves safer. He suggests wearing neon-colored clothes, an approved helmet and having a five-light array on your motorcycle offers the most visibility.

Mike Kuban, president of the local American Motorcyclist Association district commented that the leading cause of motorcycle accidents are drivers turning left into the path of the rider. Stanley Gee, executive deputy commissioner for the state Department of Transportation, cautioned riders to be careful in work zones where uneven surfaces can make riding difficult. He added that 20 percent of motorcycle accidents are caused by distracted drivers.

Continue reading "Increase in Registered Motorcycles Increases Risk of Motorcycle Accidents in Manhattan, Throughout New York" »

The one-year anniversary of the tragic July 7, 2010 Duck Boat accident is almost here. On that day, 35 passengers (and 2 crew members) boarded a Duck Boat for a scenic tour of historic Philadelphia. What the passengers didn't bargain for was being hit by a barge, pushed by a tug boat whose operator was distracted by a cell phone.

Our New York injury lawyers and duck boat accident attorneys are representing the families of Hungarian students Dora Schwendtner, 16, and Szabolcs Prem, 20, who were killed in this horrific accident. They have sued the City of Philadelphia, the duck boat company and the tug boat operator.

"They're in shock, as to how so many colossal mistakes were made by two very large corporations and their employees," said Peter Ronai, a lawyer for the families.

According to The Boston Globe, the National Transportation and Safety Board (NTSB) met in Washington to discuss making distracted driving as forbidden as drunk driving.

"Many people continue to think it's just going to take a moment (to call or text)," NTSB Chairwoman Deborah Hersman said. "How do we change that mindset? Not just the NTSB, but all of us?"

On that fateful July day, an engine problem on the duck boat left the boat stranded in the Delaware River. The helpless boat was hit by a 250-foot barge being pushed by a tugboat whose pilot was distracted.

Investigators said the K-Sea Transportation Partners tug pilot had made and received 21 cell phone calls in the 2 ½ hours prior to the crash. He had also been on a laptop surfing the internet. The pilot had also moved from the upper to the lower wheelhouse on the vessel to do his calling and internet activities.

Though the lower wheelhouse gave the pilot a quieter atmosphere, it made his ability to see the disabled 33-foot duck boat extremely difficult. It was learned the pilot had been on his cell phone for 10 of the 12 minutes prior to the crash. The stalled duck boat was in the tug boat's blind spot for the final nine minutes leading up to the crash.

"Distraction is becoming the new DUI," NTSB member Robert Sumwalt said. "This is going to reach epidemic proportions."

Society is going to have to view distracted driving similar to how they view not wearing seat belts and drinking and driving.

"It takes a generation or two to change it, but change is needed," Sumwalt said.

A federal criminal investigation into the crash is currently under way. Crews from both vessels tested negative for drugs or alcohol. Though both companies, K-Sea of East Brunswick, N.J., and Ride the Ducks of Norcross, Ga., had strong safety cultures, their training standards were not always followed.

The NTSB felt that creating safety policies aren't worth anything if they are not followed. Recently, the NTSB has investigated an accident where a tug pilot, while texting, ran his vessel in ground in the Baltic Sea, and in another case Northwest Airline pilots were using laptops in the cockpit and flew 150 miles past their destination.

"At what point do we say it's too much ... it has to stop, we can't do this anymore as a society?" Hersman asked.

Continue reading "Philly Duck Boat Accident cited as High-Profile Example of Operator Distraction" »

New York City Personal Injury Lawyers wish you and your family a safe and enjoyable Independence Day weekend.

With a little extra time off from work, perhaps, many New Yorkers will hit the roads, possibly traveling to the Jersey Shore or up to Connecticut or Upstate New York for some time away from the hustle and bustle of city life.

And they won't be alone. AAA predicts that some 39 million Americans will be traveling more than 50 miles from their homes this holiday weekend, which is actually down from 40 million in 2010. The organization predicts the drop because of an average $1 increase in gas prices nationwide.

What that says to our lawyers is that New Yorkers may be at any additional risk for car accidents in New York. Vehicle accidents can cause devastating injuries that cause hefty medical bills to pile up.

It is best to practice defensive driving techniques in order to keep your family safe if traveling this holiday season. Here are some common sense driving tips:

• Wear your seat belt
• Use your headlights
• Always use turn signals
• Look twice to make sure drivers aren't in your blind spot
• Keep your tires properly inflated
• Don't drink and drive

But if your family plans on sticking close to home this holiday season, keep in mind there are safety hazards even if you're not driving.

Swimming pool accidents: With the summer months here, children are probably clamoring to get into a pool, either at their own house or at a community pool. Keep in mind that running along the edges and slipping can cause brutal injuries, including broken bones and brain injuries. So, be safe at the pool.

And this especially goes for young children, who are most susceptible to drowning. From 1987 to 2007, there were 32 drownings at regulated swimming facilities in New York City. And the Centers for Disease Control and Prevention reports that almost 30 percent of children nationwide ages 1 to 4 who died from unintentional injuries drowned.

Keep your child within an arm's length and never leave them unsupervised. Make sure children aren't able to wander near a pool that isn't secured by a fence or locked down. And keep emergency equipment and a phone nearby.

Fireworks injuries: Even though New York prohibits the sale of fireworks, people will surely go over state lines to purchase personal fireworks. New York Personal Injury Lawyers recommends watching an official fireworks display because even owning fireworks is a crime in New York.

Fireworks can cause injuries not only to those operating them, but also onlookers. The CDC reports that in 2007, 7,000 people were injured in fireworks accidents and seven people died. Eyes, hands, fingers and legs are most commonly injured and the injuries range from cuts to burns and even vision loss.

Continue reading "Stay Safe From New York Car Accidents and Have a Fun Fourth of July" »