New York Injury Lawyer Blawg

Not only are members of Congress looking to standardize Graduated Driver's License Programs nationwide with the proposal of STANDUP Act 2011, but so are two former U.S. Department of Transportation secretaries, reports WFLX.

Two former Transportation Cabinet Officials, Elizabeth H. Dole (1983-1987) and Norman Y. Mineta (2001-2006) prepared and signed letters to Congressional leaders urging enactment of the Safe Teen and Novice Driver Uniform Protection Act as part of a movement to reduce teen car accidents in New York and throughout the country. Creating consistency statewide would ensure young and novice drivers are being trained and gaining knowledge about safe driving behaviors before they venture out on roadways alone.

New York personal injury lawyers know that more than 5,000 deaths occur every year and thousands more are injured in car crashes caused by a teen driver. Not only are teens at risk but so are the passengers who ride with them, other motorists, pedestrians and bicyclists.

As committees of the House and Senate are busy preparing their versions of multi-year transportation legislation authorizing funding for surface transportation programs, they are urged to consider the following points of the STANDUP Act as part of their proposal:

• GDL laws have proven to be successful in reducing teen car accidents in states with strong programs but some states are missing key components that would improve teen driver safety.


• Similar to the commercial driver's licensing law, 21 minimum drinking age law, zero tolerance BAC law for underage drinking, and .08 BAC law mandated from state to state, the STANDUP Act can reduce young driver accidents and reverse the negative threat these accidents have on our families and communities nationwide.


• All states would be required to impose three stages of licensing: a learner's permit, intermediate phase and the final full licensure stage.


• No young driver would be permitted to get a full license before age 18.


• Many teen-related crashes occur at night or with another young passenger in the vehicle so unsupervised driving in the dark and teen passengers would be restricted until a full license is acquired at age 18.


• No teen would be permitted to start the learner's permit process until age 16.

New York State Department of Motor Vehicles offers lots of useful information for parents and teens starting the learning to drive process. From regional restrictions to parental involvement to age requirements, everything you need to know about getting a driver's license in New York is at your fingertips.

Parents and teens can also obtain detailed facts and information for young drivers at Keys2Drive AAA Guide for Teen Driver Safety.

Studies have shown that 89 percent of teens respect their parent's involvement and influence during the process of learning to drive. Teach your teen to be a safe driver in order to reduce the risk of an accident when they start to drive solo.

Continue reading "Federalizing a GDL Law Could Mean Reducing Teen Car Accidents in New York" »

Most of us can only hope that as we get older our driving skills don't diminish too rapidly. Senior citizens are often involved in car accidents in New York City because they either don't see a hazard or can't react to a dangerous situation quick enough.

New York is a state that doesn't take your license away as you get older unless there is due cause that driving privileges should be taken away. According to New York State Department of Motor Vehicles, the driver re-evaluation program gives older drivers the flexibility and freedom to continue driving, no matter what their age, as long as another motorist, a doctor, or a police officer don't find a 'specific reason' related to driving performance to report to NYDMV.

Our Manhattan personal injury lawyers know that as drivers age, they can often become directionally challenged or have memory lapses on how to get to what used to be familiar territory. Aging drivers can become stressed or confused quite easily which puts them at a high risk of being involved in a car accident.

Some states offer a Silver Alert program which can help track a senior citizen while they go about their merry way on roadways. The Sun Sentinel reports that as many as 44 lost seniors have been found in Florida with the success of the Silver Alert program. There are also several new technologies being offered which can locate a lost or confused senior driver.

The Alzheimer's Association Comfort Zone offers several devices that can be installed or placed in vehicles to keep track of your elders. Families can automatically be alerted on an elderly's whereabouts when they have traveled outside a pre-determined area.

One device is called the CalAmp which is permanently installed, sells for $244 (with activation included) and charges a monthly fee of $39.99. This device can track an elder driver's vehicle within 2 minutes. The Sendum, which retails for $299 plus $45 activation, is a portable device that can locate a vehicle within 15 minutes. This device requires a monthly service fee of $44.95.

Cheaper models with fewer bells and whistles can also be purchased. For instance, the inGeo has a monthly fee of $14.95 and retails for less than $100, locates your loved one once a day. The device can be handheld or placed in a vehicle.

The New York State Office for the Aging offers the following tips to elders who venture out on roadways:

• Get routine vision tests and always wear your glasses as needed.


• Read labels on medication if you plan to drive after taking a dose. Never drive under the influence of drugs or alcohol.


• Stop and stretch every 90 minutes on long trips.


• Make sure seat location and mirrors are comfortably adjusted before you start the engine.


• Travel at non-peak times and know your directions before you leave.

Tracking devices and Silver Alert programs can be beneficial in keeping track of your elder on roadways but if you suspect danger, offer to drive them in order to reduce the risk of a car accident.

Continue reading "Lost Elderly Drivers Can be at a High Risk for New York City Car Accidents" »

Reuters recently reported on the court appearance of the tugboat pilot that pleaded guilty to a criminal charge in the July 2010 Duck boat crash that left two Hungarian tourists dead in Philadelphia.

Our New York injury lawyers and duck boat accident attorneys Peter Ronai and Holly Ostrov Ronai are representing the families of Hungarian tourists.

"The families are gratified that Federal prosecutors have acted to hold one of the responsible parties accountable in this tragedy that should have been avoided," they said. "They continue to have faith in the American justice system and expect the corporations who were involved to acknowledge their roles and act accordingly."

In court, the 35-year-old tugboat pilot admitted to the U.S. District Court judge that his misconduct lead to the accident that caused the deaths of two Hungarian tourists Szabolcs Prem, 20, and Dora Schwendtner, 16. They both drowned in the Delaware River after being thrown into the water after the crash.

The tugboat pilot could be sentenced to a maximum of 10 years in prison and three years of supervised release. In addition, he faces a fine of up to $250,000 when he is sentenced in early November. He did leave the court room with his wife because he was able to post the $10,000 bond.

"Those who operate transport vessels on our waterways have a clear duty to ensure that proper sightlines are maintained at all times, and to obey all other rules of seamanship, so that the risks to others on the water are minimized," said U.S. Attorney Zane Memeger. "When that duty is breached and causes death, the Seaman's Manslaughter Statute allows the federal government to seek criminal sanctions against the vessel operator."

The tugboat pilot was in charge of navigating the boat while the captain was sleeping. But he failed to pay attention and pushed a 250 foot barge into a disabled Duck boat, throwing 35 passengers and 2 crew members into the Delaware River.

It was later discovered that he had been distracted by his cell phone and the Internet. He had been communicating repeatedly with his wife regarding the health of his young son.

The pilot had gone to the tug's lower wheelhouse where it was less noisy to continue his conversations. The lower wheelhouse however has less visibility and contributed to the pilot not seeing the disabled Duck boat.

Attorneys agree that the pilot is very sorry over what happened but he should have woke up the captain and gotten his help until his family emergency had been taken care of. The families of the victims are suing both the Duck boat tour company and the tug company.

Continue reading "Tugboat Pilot Admits to Misconduct in Philadelphia Duck Boat Accident Which Killed Two Young Tourists" »

New York Senator Kristen Gillbrand has been advocating the need for uniformity nationwide when it comes to teen safety and young drivers learning safe driving skills. WAMC reports she has finally been heard by a key Senate committee and Gillibrand's Safe Teen and Novice Driver Uniform Protection (STANDUP) Act is moving ahead.

Much attention continues to be given to teenagers because this age group causes and are victims of more car accidents in New York than any other age group.

New York City car accident attorneys know that a teen driver safety plan is exactly what our state needs to keep roadways safer for all motorists. Politicalnews.me reports that from 2005-2009, 46,000 people were injured and 280 deaths occurred in New York car accidents involving a driver that was 16 or 17 years-old. Since 2000, 81,000 deaths have occurred nationally in car accidents involving a teen driver between the ages of 15 to 19.

The Senate Commerce Committee is including the STANDUP Act as part of the Motor Vehicle and Highway Safety Improvement Act, which will then be taken up by Congress later this year as part of the Transportation Authorization package proposal.

"For teens, motor vehicle crashes are the leading cause of death in every state. Every year, more than 5,000 people die in crashes involving teen drivers," said Jackie Gillan, vice president of Advocates for Highway and Auto Safety. "Fortunately, a comprehensive Graduated Driver Licensing or GDL law is an effective vaccine that can help prevent teen crashes, yet not all states are using it."

The STANDUP Act proposes federal mandating of the following:

• Age 16 would be the minimum age to obtain a driver's license and age 18 would be the minimum age for an unrestricted license nationwide.


• Drivers with a learner's permit or restricted license would not be permitted to text or use cell phones while operating a vehicle unless it was an emergency situation only.


• Restrictions for driving at night would be placed on 16 and 17 year-old drivers.

According to saferoads4teens.org, if the STANDUP Act is passed, New York's current GDL program would need to make the following improvements to comply with the new law:
-Remove the exception that teens who complete driver education can obtain full licensure without a minimum age requirement.
-Prohibit the use of hands-free cell phones during the learner's permit and intermediate stages of learning to drive to accentuate the ban of non-emergency cell phone use.

Parents and teens should be familiar with the GDL program in New York by learning what to expect, what the law is and how to proceed when a teen becomes of age. For more information about the minimum age requirements in New York, visit Insurance Institute for Highway Safety online.

Continue reading "State to State Teen Safety Plan Aimed to Reduce the Risk of Young Driver Accidents in New York City, Nationwide" »