New York Personal Injury Lawyer Blog

According to Mayor Michael Bloomberg, New York City set a new record in 2011 for the fewest fatal traffic accidents in the last 100 years. There were 237 deaths in 2011, a reduction from the 267 who were killed in 2010, which was the previous record for fewest fatalities on New York City streets. This is also a huge drop from ten years ago, when there were approximately 430 fatal traffic accidents in the city.

The New York City Transportation Commissioner attributes the significant reduction in deaths to numerous measures that the City has implemented over the last five years, including reconfigured streets with pedestrian plazas (particularly noticeable around Herald Square and Time Square); crosswalks with timer signals, and bicycle lanes. Particularly in historically dangerous intersections on Delancey Street in Manhattan and Queens Boulevard in Queens, this has had a substantial impact according to NYC statistics, with the installation of countdown signals. In total, 1,100 such signals have been added.

Bicycle fatalities have actually gone up for the last two years, with 21 deaths in 2011, 18 in 2010 and 12 in 2009. However, Mayor Bloomberg claims that bicycle ridership has increased significantly during that span, with NYC installing several hundred miles of bike lanes. Thus, Bloomberg asserts that there has been a per capita decrease in the death rate for bicyclists.

When compared to traffic fatalities in 1970, when there were 944, and the shockingly highest number registered in 1929, when 1,360 people lost their lives in traffic crashes, the 237 in 2011 seems even more impressive. In the beginning of the 20th century, the roads in urban areas were much more congested with pedestrians, trolley cars and horse drawn carriages, in addition to cars, and traffic rules essentially did not exist yet. This was borne out by an amazing 11 minute film recorded in San Francisco one week prior to the Great Earthquake on 1906, which was broadcast on CBS’ “Sixty Minutes” earlier this year. What I found truly amazing about this film was the utter lack of fear of injury by pedestrians, who proceeded to walk right in front of cars, trolley cars, and carriages, the non-existence of traffic “rules of the road”, (such as yielding the right of way!), and the vehicles moving in all possible directions at all times!

New York City Police Commissioner Kelly noted that the improved safety on New York City streets is also due to the more than one million traffic tickets issued this year. There were 164,000 for not wearing a seat belt; 161,000 for texting or speaking on a cell phone while driving, and 127,000 for driving past a stop sign. Additionally, there were 8,500 DWI arrests in the city in 2011, which led to 900 vehicles being confiscated from those convicted of these charges.

Continue reading "New York Traffic Accidents—NYC Sets Record Low For Fatal Accidents" »

Red light cameras have become a way of life in New York City and Nassau County, and if City of Yonkers officials are successful, these cameras will be installed at major intersections in Westchester's largest city as well. The main stated purpose of the red light cameras is to catch red light violators "red handed" so to speak, and according to the Insurance Institute for Highway Safety, they have saved 159 lives in the 14 largest U.S. cities between 2004 and 2008. Further, the Institute estimates that had red light cameras been in place in all large cities during that 4 year period, 815 fatalities would have been prevented.

There are certainly skeptics about the red light camera program, especially in light of the budgetary woes of many municipalities in recent years. What is the prime motivation for the program, to maximize safety, or income for the jurisdiction? Millions of violations which are for the most part not contested (another major savings to the municipality in less overtime for police officers) can be a major cash stream to a struggling city or town.

Nassau County has installed 152 cameras in 50 intersections since 2009, and although county officials projected that they would gross 38.2 million from fines in 2011, according to the American Automotive Association, the $50.00 fines will end up garnering approximately half of that amount. There is little incentive for drivers to fight the violations, as they are not reported to insurance companies, there are no points assessed on the violator’s license, and the driver can go online to watch him or herself in action committing the violation. The "pay rate" in Nassau County fro these tickets is reportedly 85%.

According to the Nassau Department of Public Works, the red light program has reduced roadway fatalities 21% since its inception. There has been a reduction in both serious crashes and injuries, according to Christopher Mistron, the traffic safety educator for the county. Many of the violators, rather than going through the red light, fail to slow down before making a right turn. This accounts for 38% of all of Nassau County’s red light revenue.

We will follow up on this article if and when the red light camera programs are expanded to other jurisdictions.

Continue reading "New York Car Accidents--Red Light Cameras More Prevalent" »

There was an interesting article by Jane Brody in the New York Times on April 12, 2011 regarding distracted driving. Tragic stories of devastating injuries and fatal accidents due to distracted drivers are discussed, certainly a fear of all drivers and particularly those with teenage children closing in on obtaining their driver's licenses and learning permits. In my experience, texting while driving seems to be more prevalent than ever despite efforts by the New York State DMV to increase the penalties for the infraction, which would include enhanced fines and points for what previously has been a "no-points" ticket.

The U.S Transportation Secretary, Ray LaHood, introduced a website named "Faces Of Distracted Driving" at distraction.gov/faces which gives examples of fatal accidents suffered by innocent victims of those who attempt to drive while texting, shaving, applying mascara or tending to their children, for example. According to the National Safety Council, 1.6 million accidents are caused annually by drivers using cell phones or texting, which is 28% of the total accidents. The articles also cites the National Highway Traffic Safety Administration (NHTSA) report in 2008 that 1 of 6 fatal car crashes in 2008 was due to distracted driving,

I found it very enlightening that a University of Utah study suggests that even conversations with hands free phones are just as distracting as hand held conversations, because the drivers become caught up in their conversations, resulting in "inattention blindness." Dr. Berry, a professor of orthopedics at the Mayo Clinic College of Medicine in Rochester, Minnesota was quoted as saying: "Just the act of being on the phone distracts you from the task at hand--driving...your mind is somewhere else. It's not in the car. You're driving mechanically but not seeing the same way. It's different from conversing with someone in the car." Having been in numerous serious conservations on the bluetooth in my own vehicle, there is definitely some truth to Dr. Berry's words.

Continue reading "Federal Government Focus On Distracted Driving" »

According to a report published in the Journal News on April 10, 1011, approximately 15% of motorcoach carriers in New York State have been cited for safety problems over the last 20 years. Of the five issues that are examined by the Federal Motor Carrier Safety Administration (FMCSA), the most common issues are fatigued driving and driver fitness. The other three areas which the FMCSA looks at are vehicle maintenance, unsafe driving and controlled substances/alcohol. When a motorcoach carrier is found to have a safety violation, they are issued an alert. The report establishes that of the 386 carriers in New York, 56 companies were issued an alert, or 14.5 %, with 31 alerts issued for fatigued driving and 17 for driver fitness.

The enhanced attention comes after the two fatal accidents involving buses last month, including the March 12 accident on I-95 which killed 15 and injured 17 seriously, and the March 14 accident on the New Jersey Turnpike which killed two, including the driver. Nationwide, approximately 12% of carriers have received an alert. The Federal Transportation Safety Board, which has no regulatory authority to implement its recommendations, alleges that its' recommendations have not been followed by either the National Highway Traffic Safety Administration (NHTSA) or the FMCSA. The recommendations were, among others, to: install electronic onboard data recorders; design stronger bus roofs and windows to prevent passengers from being ejected in a rollover crash; and more stringent vehicle inspections.

In March, New York Senators Gillibrand and Schumer sponsored legislation, long overdue, which would require seat belts for all passengers; more driver training; stronger roofs; anti-eject windows; tougher vehicle inspections and medical exams for drivers. With the conservative and pro-business environment that prevails in the Senate in 2011, this writer has serious doubts as to whether such common sense measures will be implemented.

Continue reading "New York Motor Coach Carriers With Safety Issues" »

After four fatal car crashes since 2008, a stretch of Route 9 in Cortlandt from the Annsville Circle to the Putnam County border will now have rumble strips on the center of the road to provide warning to inattentive or sleepy drivers to prevent cross over accidents. The roadway, also known as Albany Post Road, is narrow and curvy with grades which obstruct sight distance, adding to the dangers. Since 2008, serious car accidents at this location have claimed the lives of a Canadian trucker, a deli manager, and a Peekskill City attorney, who died this past July when his car collided with another vehicle and rolled over near the ABC Deli.

Other improvements which the DOT has implemented to make the roadway safer include extending a 45 mph speed limit, flashing lights, new warning signs and pavement markings. Alcohol has been a contributing factor in one of the fatalities, with regard to the September 4, 2009 accident which took the life of Ralph Wood, a 56 year old Peekskill resident. The driver of the car that struck the vehicle Mr. Wood was a passenger in was convicted of vehicular manslaughter and criminally negligent homicide in November of this year.

I have traveled on Route 9 near the Annsville Circle on numerous occasions over the last 15 years since moving to the area. I have witnessed numerous near accidents, and have frequently encountered vehicles on my side of the road coming out of blind turns. The State's action was welcome and long overdue.

Continue reading "Dangerous Roadway In Cortlandt Gets Safety Improvements" »

In the summer of 2008, then 22 year old Jacy Good was on her way home to Lititz, Pennsylvania with her 57 year old parents after graduating from Muhlenberg College. Suddenly, her entire life was turned upside down when a tractor-trailer slammed head on into her car, killing Jacy's parents Jay and Joan Good, and leaving Jacy with permanent injuries including a collapsed lung, shattered pelvis, a lacerated liver, and worst of all, a traumatic brain injury that has caused faltering speech and difficulty concentrating. The truck driver had been forced to swerve to avoid a vehicle driven by an 18 year old who blew through a traffic light while speaking on his cell phone. The 18 year old driver was issued a ticket for disregarding a traffic control device but investigators were not able to determine if he went through the light because he was on his cell phone.

As a result of the accident, Jacy has now become a nationwide advocate to ban all cell phone usage by drivers. She noted: What is that important that you have to put everyone else on the road in jeopardy?" Since 2001 in New York, pursuant to Section 1225-c (2) (a) of the Vehicle & Traffic Law, it has been unlawful to use a mobile phone while a vehicle is in motion, unless the motorist has a hand-held device. Then last year, the New York State Legislature passed a law banning texting while driving. However, the offense was made secondary, meaning that in order to be charged with texting while driving, the officer would first have to charge the driver with a primary offense such as speeding or passing a red light. This month, the Legislature passed an amendment to the texting ban, making it a primary offense, and the amended law awaits approval by the New York State Senate before Governor Paterson can sign the bill, which he is in favor of.

Nationwide, 5,870 people were killed in car crashes in 2008, based upon data from the National Safety Council. The Council has urged legislatures to outlaw all cell phone use while driving, as it is clearly a major contributor to the overall epidemic of distracted driving, which also includes motorists who are too tired to drive, eat, drink or smoke while driving, attend to children, or focus on their radios or GPS devices instead of the road.

In June, Ms. Good and her boyfriend Steven Johnson, (who gave up his intention of a career in banking and has become inspired by Jacy's accident to become an occupational therapist), spoke at nearby Ardsley High School about the huge risks and dangers from using cell phones while driving. Mr. Johnson told the students that he will never forget, and hopes that they never will either.

Continue reading "Jacy Good's Compelling Motto: "Hang Up And Drive"" »

In an interesting article by Matt Richtel in the March 2, 2010 Business Section of the New York Times, electronic billboards are examined as another possible cause of distracted driving. We are all aware of distracted driving due to speaking on a cell phone and texting while driving, and who hasn't seen someone driving while eating, drinking, applying makeup or looking at a map? However, what about driving while digital images are flashing at you every six to eight seconds, with headlines, food deals or what song is playing on the radio? In my opinion, the increased prevalence of these electronic billboards will undoubtedly lead to more car crashes and more fatalities on the roadways.

In Michigan, safety groups are attempting to block construction of the billboards, and the executive director of Scenic Michigan called the digital billboards "weapons of mass distraction." Michigan legislators are considering a two year moratorium on the construction of electronic billboards. According to the article, the Federal Highway Administration is performing a study in which eye-trackers are utilized to determine whether motorists look at these billboards, and if so, for how long. Studies have been performed which indicated that electronic billboards do not change driver behavior, but their accuracy is questionable as they have been sponsored by the billboard industry.

The Federal Highway Administration has prohibited states from having "flashing, intermittent or moving light or lights" for some time, but possibly due to some intense lobbying by the billboard industry, the agency ruled in 2007 that free standing digital billboards did not violate their rules. Instead, the the agency simply recommended that advertisements on the billboards remain in place for at least 4 seconds and not be "unreasonably bright", which is certainly a vague standard, to say the least.

Continue reading "Electronic Billboards-- Do They Cause Distracted Driving?" »

In our previous post in this two part series, we examined the causes of motor vehicle accidents and fatal crashes on New York State roadways based on a NYSDOT study called the Strategic Highway Safety Plan 2007. In this article, we look at the State’s finding regarding New York pedestrian accidents, truck accidents, and motorcycle accidents. Approximately 25% of the annual New York fatal motor vehicle accidents involve pedestrians. This is more than twice the national average. 70% of pedestrian accidents and one half of the fatalities in New York State occur in the five boroughs of New York City, but interestingly, pedestrians involved in accidents in the suburbs are more likely to die in these accidents than in New York City. It is also significant that almost ¼ of all pedestrians injured or killed in the last year of the study (’05) were under 18 years of age.

Accidents between a car and large truck account for 10% of fatal motor vehicle accidents in New York, and approximately 5% of the serious personal injury accidents. From 2002 through 2005, there was a range of 140-150 deaths per year in New York truck accidents. The Department of Transportation determined that the three main causes of these accidents was: following too closely-10%; driver inattention or distraction-9%; and failing to yield the right of way-7%. The majority of all truck accidents are caused by aggressive driving by one of both of the drivers involved.

Motorcycle fatalities and motorcycle accidents are on an upward trend, due to the steady popularity of motorcycles, inexperienced riders, the attraction of “extreme” motorcycle riding, and the price of gasoline. Motorcycle deaths on New York highways rose from 155 in 2003 to 163 in 2005.

Continue reading "New York Highway Accidents-Part 2" »

The New York State Department of Transportation (NYSDOT) investigated the causes of New York car crashes on state highways from 2002 through 2005 in the Strategic Highway Safety Plan 2007. The good news coming out of the study is that from 1996 through 2005, fatal accidents on New York roadways have declined 10%. Further, although driving while intoxicated continues to be a significant problem in causing roadway deaths, the number of people killed on New York state roadways from driving while intoxicated has dropped from 979 in 1981 to 382 in 2005. The most significant problems causing serious New York car crashes and fatal accidents are aggressive driving, DWI’s and speeding.

There are 113,000 miles of highway in New York State and 16,000 of those highways are operated by the state. Intersection crashes account for approximately 25% of all highway fatalities in New York. There were 77,161 fatal intersection crashes in 2005. Overall, there were 142,287 fatal and personal injury accidents in 2003; 133,314 in 2004, and 128,581 in 2005. Rear end and left turn accidents are responsible for about ½ of all New York motor vehicle crashes. There were 479 fatal accidents from cars overturning or colliding with fixed objects in 2005, and 203 fatal accidents or injuries from crashes in construction zones.

From 2003-2005, failing to yield the right of way contributed to 16% of New York fatal car accidents; following too closely 13.5%; and unsafe speed was partially responsible for 11% of the deaths on New York highways. These driver behaviors have remained constant despite the reduction in overall accidents between 2003 and 2005.

In Part 2 of this series, we will the DOT’s findings regarding New York motorcycle accidents, large truck accidents and pedestrian accidents.

Continue reading "New York Highway Accidents—Part 1" »