New York Personal Injury Lawyer Blog

We all have witnessed drivers on the highway applying makeup, shaving, looking at maps or other reading materials, and focusing on everything but the road. But in an eye-opening series in the New York Times entitled "Driven to Distraction", studies have apparently shown that drivers using cellphones are four times as likely to cause a crash as other drivers, and their likelihood of causing a car crash is equal to that of someone who is intoxicated with a blood alcohol of .08! Worse yet, for those of us who feel that we've reduced the risk of distracted driving by using hands free devices, this can actually increase the risks by making us believe that the behavior is safe.

A 2003 study done at Harvard University estimated that distracted driving caused by cellphone usage resulted in an annual 2,600 fatalities and 330,000 accidents with moderate or severe injuries. A particularly compelling story mentioned in the series is that of Christopher Hill, a 20 year old Oklahoma resident, who was so involved in a call while driving that he ran a red light and broadsided a car driven by Linda Doyle, who died at the scene. When the investigating officer asked Mr. Hill what color the light was, he responded that he hadn't even seen the traffic light at all. New York is one of only 5 states around the United States that ban hand-held cellphones while driving, but no state legislature has banned talking on a cellphone while driving. It is clear that the cellphone carriers, including Verizon Wireless, Sprint, AT & T and T-Mobile are a very strong lobby in Washington, and banning all cellphone usage in cars, even with hand-held devices, is a political "non-starter."

According to a study by the Governors Highway Association, 8 states in the U.S. ban cellphone use for novice drivers and 4 states do so for bus drivers, with 13 states banning cellphones for novices and bus drivers. 14 states ban texting for all drivers and 9 ban texting for novices only. The New York Legislature has sent a bill to Governor Paterson to ban texting while driving, (we will write about this in a separate post) which he is expected to sign and would go into effect on November 1, 2009.

As part of Mr. Hill's sentence for his Oklahoma misdemeanor conviction in the death of Linda Doyle, he must perform 240 hours of community service discussing the risks of distracted driving and speaking to classrooms of students about "talking on a cellphone and killing someone." Cars over the last few years are often equipped with navigation systems with voice commands, which allow drivers to keep their focus on the road rather than viewing a screen. However, with the advance in technology giving us audio, video, GPS, the Internet and give and take with voice commands, it is clear that the safety issues of distracted driving are not going away any time soon.

Continue reading "New York Car Accidents--Cellphones Dangerous Even With Handsfree Devices" »

Last week, a federal advisory panel of the Food & Drug Administration (FDA) voted 20-17 to recommend a ban of Percocet and Vicodin, two very popular painkillers, due to their damaging effects on the liver. Percocet, also known as Oxycodone, and Vicodin, another name for Hydrocodone, are controlled substances due to their addictive nature, and combine a narcotic with high dosages of acetaminophen, a painkiller found in such medications as Excedrin, Tylenol and Nyquil.

Acetaminophen is combined with different narcotics in at least 7 other prescription drugs, and each of these drugs would be banned if the FDA takes the advice of its panel. Vicodin is prescribed more than 100 million times per year in the United States, according to the study, and patients who take these potentially dangerous drugs often need progressively larger doses to obtain the same pain relief.

In 2005, Americans bought 28 billion doses of products containing acetaminophen. Although it is effective in treating headaches and reducing fevers, even recommended doses can cause liver damage. More than 400 people die and 42,000 are hospitalized in the U.S. every year from overdoses according to the panel. One panel member, an associate professor of medicine from Duke University Medical Center, noted that: "We're here because there are inadvertent overdoses [of acetaminophen] which are fatal, and this is our opportunity to have a big impact."

Continue reading "U.S. FDA Panel Recommending Ban Of Vicodin And Percocet" »

When you have been injured in a New York car crash, you will be contacted by two insurance companies--your own, and the carrier for the car that hit you. As will be described below, the simple rule is: cooperate with your insurance company, and hang up on the other driver's representative. In New York, your medical, hospital, and miscellaneous bills and expenses are paid through your own No-Fault insurance coverage. Therefore, you must cooperate in every way with your own insurance company to ensure that your bills are paid, lost wages compensated, and other expenses such as property damage are paid for.

However, soon after the New York car accident, you will invariably hear from the other driver's insurance representative. Under the guise of simply "wanting to know how you are doing", this insurance representative will request that you provide a written or recorded statement regarding the accident, and what measures you took to avoid the accident. YOU MUST NOT COOPERATE. Remember that these insurance adjusters are trained to ask you leading, misleading or confusing questions with the goal of attributing some or all of the fault of the accident to you. Their hope is to obtain a damaging statement from you before you have had the opportunity to speak with a lawyer who would obviously advise you against providing the other driver's insurance company with anything. Sometimes, these adjusters will attempt to visit you with a release and small settlement check in hand, to try to get a settlement before you have met with a lawyer. Bottom line--when the other company calls, tell them you are meeting with your attorney, and hang up the phone. Don't say anything, don't write anything, and whatever you do, DO NOT SIGN ANYTHING.

If you or a loved one is injured in a car accident, or any other type of accident, contact the personal injury lawyers at The Law Office Of Mark A. Siesel online or toll free at 888-761-7633 for a free consultation with an experienced, aggressive and knowledgeable advocate who will fight to obtain the maximum possible compensation for your injuries.