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July 21, 2011

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

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.
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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" »

April 14, 2011

Ignition Interlocks May Curb Drunk Driving Accidents -- New York Joins Cause

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.

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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" »

December 20, 2010

Designate a driver; avoid New York City drunk driving accidents this holiday

If your intention is to attend numerous parties this holiday season, you may want to think twice about how much alcohol you consume at the gathering. Bosses like to thank their employees this time of year by giving them a holiday party or dinner outside of the work setting. Drinking to excess can cause problems at work. Getting into a car can result in legal trouble that will ruin your holiday. Driving under the influence is against the law and increases the risk of fatal or serious injury in New York auto accidents, so don't drink and drive this holiday season.

Our New York City accident attorneys wish each of you a safe and enjoyable holiday season and encourage you to celebrate responsibly. The National Highway Traffic Safety Administration reports one-third of the nation's fatal accidents involve alcohol. The government is spending $7 million to get the word out on radio and television about the dangers of drinking and driving through the New Year holiday.
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"I want to remind everyone this holiday season: if you're over the limit, you're under arrest," said NHTSA Administrator David Strickland. "So please, for safety's sake, find a designated driver or take a taxi if you are under the influence."

New York state law simply put - don't drive under the influence or you will be held responsible for your actions. Specifically, if you are under age 21 and stopped with a .02 blood alcohol level (BAC) or under you will face penalty. Drivers 21 or over with a BAC of .08 or over are considered inebriated by law and can be penalized without further testing.

Drivers stopped with a BAC of .18 or higher are subject to much stiffer penalties. The minimum suspension on your license if you are pulled over with a BAC of .08 or higher is 90 days on the first offense or 6 months on a second and third offense. Harsher penalties are mandated for subsequent offenses if occurring within 5 years of each other.

Designated drivers can be a simple solution to the problem you face when going to a party. Rather than taking the risk of an accident or causing harm to others, have someone volunteer not to drink so they can drive you home. As a result, everyone knows they can have a great time and not worry about getting home safely.

If you drink and drive this holiday season you are making an extremely irresponsible decision. Do yourself a favor and stay over, take public transportation, or arrange for a driver so you can get home safely.

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