Long Island Personal Injury Lawyer - Automobile Accidents

How to Stay Safe When Driving in Urban Areas

Margaret Embry — Fri, 15 May 2009 17:43:17 GMT

According to the National Highway Traffic Safety Administration, in 2007 New York State saw 660 urban traffic fatalities. In order to decrease this number, all urban drivers should be aware of safe driving skills. Urban driving is full of congestion where too many cars, too many people, and little room for driving error can lead to frustration and sometime hostility. Patience and understanding safe driving skills can allow you to reach your destination safely (and sanely). Below are some tips to safely navigate though urban areas.

1. Plan ahead: Leave yourself more than enough time to reach your destination. Remember that weather conditions can have a big affect on travel time and congestion.

2. Concentrate: Give driving you full attention. Hang up your cell phone, quit eating, quit looking in the mirror and pay attention.

3. Yellow means yield: Resist the urge to go barreling through a yellow light. This aggressive and dangerous behavior puts yourself and others at risk.

4. Give fellow drivers a break: Let people in when they're changing lanes or merging into traffic. Don't take something irritating the driver does next to you personally.

5. Stop for emergency vehicles: When an emergency vehicle is flashing its lights and/or sounding its siren, state law requires all vehicles to move to the right and stop. This is true regardless of whether the vehicle is coming toward you or approaching from behind.

6. Buckle up: Always wear your seat belt and encourage your passenger to also.

Originally posted at InjuryBoard by Margaret Embry

Defective Car Cases

Michael Levine — Wed, 11 Mar 2009 23:08:04 GMT

When attempting to show a car manufacturer or seller’s liability for
a car defect, you do not need to show that they were careless. Unlike
personal injury claims that are based on negligence, liability in car
defect cases is controlled by strict liability. Regardless of the
steps a manufacturer says it takes in creating or handling a car, you
can make a strict liability claim based on a car defect if certain
conditions are present:

1) The car had an unreasonably dangerous defect that harmed you. The
defect may arise from either the car’s design, during handling,
manufacture, shipment, or through a failure to warn consumers of a
dangerous aspect of the car.

2) An injury arose from the defect, while the car was being used properly.

3) There were no substantial alterations to the car from its
original condition when sold.

Manufacturer Defenses

The car manufacturer and the seller may have a defense to your strict
liability claims, particularly if you have owned the car for some
time, if it can be shown that you knew about the defect but continued
to use the car anyway. This can be established through either the
car’s condition or from your description of the use of your car. In
some states, a manufacturer or seller may also be able to defend
against your lawsuit under the theory that your contributory or
comparative negligence was the cause of your injuries.

Punitive Damages

There has been an increasing trend in car liability of
awarding more punitive damages for those who have successfully brought
a claim against a manufacturer or seller. These punitive damages
awards are above and beyond damages to compensate a plaintiff for his
or her injuries, and can range into tens of millions of dollars in
certain instances. Punitive damages are intended to punish
manufacturers and encourage them to fix defects that have resulted in
injury. Traditionally, car manufacturers have engaged in what is known
as a “cost-benefit” analysis when deciding whether to change a
potentially defective design. In this process, the manufacturer will
calculate the cost of implementing a design change, and weigh that
cost against the potential cost of litigation and settlement after the
defect causes injuries. Punitive damages are often awarded in order to
add to the potential costs a manufacturer will face if it decides not
to fix a design defect, thus shifting the cost-benefit analysis toward
the elimination of defects.

Originally posted at InjuryBoard by Michael Levine

Car Accident Statistics

Michael Levine — Thu, 05 Feb 2009 17:44:18 GMT

Car accidents pose a serious threat to the public and car accidents are the leading cause of death for people under the age of 34. Judging from the available car accident statistics, all Americans will be involved in at least one car accident in their lifetime.

Nearly 43,000 people died in car accidents in 2002, according to car accident statistics available through the U.S. Department of Transportation’s National Highway Traffic Safety Administration. This figure had increased by 1.5 % from the previous year. Although the number of traffic-related injuries had declined from 3.03 million to 2.92 million, car accident statistics show that the number of fatalities due to drunk driving has steadily increased. More than one-quarter of Americans have been involved in a car accident in the last five years.

Additional car accident statistics:

About 26 % of drivers have been involved in a car crash in the last five years.

There were 17, 419 alcohol-related fatalities in 2002.

More than half the fatalities reported - 59 %- were not wearing seatbelts.

Deaths from rollover crashes totaled 82 %.

For the past five years, motorcycle fatalities have been steadily increasing.

Deaths of motorcyclists aged 50 and over have climbed by 26 %.

Every 13 minutes, there is a death caused by a car accident. Car accident statistics show that Americans from the ages of one to thirty-three are more likely to die from a car accident than from anything else. The good news is fatalities of children seven and under have dropped, most likely due to safety seats. Also, pedestrian deaths have declined by 1.9 percent.

Most car accidents are entirely preventable. Recent car accident statistics reveal that drivers involved in accidents are most likely distracted, tired or possibly drunk. The National Highway Safety Traffic Administration reports that most drivers engage in activities that take their attention away from the road. These activities include:

Talking with other passengers: 81 %

Playing with the radio or CD: 66 %

Eating or drinking: 49 %

Using a cell phone: 25 %

Originally posted at InjuryBoard by Michael Levine

More Drivers Driving Without Car Insurance

Michael Levine — Thu, 08 Jan 2009 16:07:00 GMT

Americans have been seeking ways to cut their spending in these tumultuous economic times. One of the biggest cost casualties has been car insurance. The number of uninsured motorists nationwide has doubled in the past year from 10% to 20%, according to the online agency Insurance.com.

"Money is a little tight with people, and they decide if they need to skip on something, they'll let their insurance lapse," said Sam Belden, Vice President of Insurance.com. "It's directly attributable to the economy," he added. "And it's exacerbated by premiums also rising over the past year. When people are squeezed the most, the insurance rates are also going up."

Belden said insurance premiums have increased by 6 or 7 percent this year.

The Insurance Research Council, a group funded by the insurance industry, is expected to release a study next month showing that several hundred thousand drivers dropped their insurance in 2008, partly because of the economy and jobless rate. About 40 percent of callers who followed up on online applications this year let their policies lapse, up from 10 percent a couple of years ago.

David Corum, vice president of the council, said the study shows that a single percentage point increase in unemployment is associated with a half-point increase in uninsured drivers. Despite the hike in rates and the stumbling economy, Belden said policyholders should never let their coverage lapse. Drivers who let their policies lapse usually must pay up to a 50 percent surcharge for a new policy.

Belden said drivers should talk to their agents about various payment options suited for their income. "If you pay once every three months, the amount may look absurd," Belden said. "You can move to monthly payments to even it out. If it gets too desperate, some insurance companies take partial payments at a time. If all else fails, maybe you're with the wrong company. There's a lot of rate variation between the insurance companies out there."

Originally posted at InjuryBoard by Michael Levine

Drive safely - The holidays are here!

Matthew Zullo — Sun, 21 Dec 2008 16:43:00 GMT

The end of the year holidays present us with a chance to spend time with family and loved ones. It also means traveling. Unfortunately we have all seen the headlines of fatal accidents that routinely occur during this time of year. According to the National Highway Traffic Safety Administration, more fatal accidents take place between Christmas and New Years than at any other time during the year.

Just a reminder, take your time, don't drink and drive, and have a happy holiday.

Originally posted at InjuryBoard by Matthew Zullo

It's Winter!!!! Be Safe-----and Make It Safe for Others......

Jim Forde — Wed, 17 Dec 2008 20:52:00 GMT

Here in the New York City area we are getting our first dusting of snow. Last night, I begrudgingly and with Scrooge-like scowls trudged into my basement to bring up a bucket of salt for my walks and paths. It got me thinking......

Please be careful driving, and remember that when bad weather and icy conditions hit, it is not a good idea to speed up so you get to your destination sooner. Unless, of course, you like the idea of having your last name changed to "Defendant."

Pack up some kitty litter in your car (for traction) if you get stuck in snow, along with a collapsible shovel. If you find yourself stuck in the snow, spinning your wheels is like...uhh.....well......spinning your wheels. You will just get stuck deeper. Turn your front tires to the left and right to help clear as much snow away from the wheels as you can, and use your handy shovel to clear the rest. The kitty litter (or sand) will help the tires grab and get you out.

Next time you stop for gas, pick up an extra gallon of winter windshield fluid and keep it in the car. You never realize the reservoir is empty until you have freezing sleet in front of your face. Opening the widow and trying to wipe your windshield clear with your left hand while driving on I95 is not recommended by AAA. (You know who you are.)

Ice scraper is a must. Lock de-icer is a good idea, but most people I know keep it inside their car. (???) The few times I had trouble opening a frozen car lock, I used a cigarette lighter to heat up the key and then placed it in the lock. Of course, those were the "good old days" when everybody smoked, and we actually had metal keys instead of things that look like mini-phasers from Star Trek. Progress.

In addition to the obvious "slow down" advice, leave extra room between your car and others for extra stopping distance.

And the best advice: when it gets to the point where you need a push broom to get the snow off your car, and boiling water to melt the glacial ice off the windshield, go back inside and make yourself a hot toddy. Or, to quote that immortal sage Ed Norton: "Pack up and move to Florida!"

Originally posted at InjuryBoard by Jim Forde

Making Cars Safe for Kids

Michael Greene — Wed, 03 Dec 2008 17:08:16 GMT

There is no question that we all love our children. They are our legacy to the future. We give birth to them, raise and nurture them and hope as we send them out into the world, that they will grow up safe and strong.

In a recent November 2008 article in "Trial", Stuart Ollanik questions our commitment to auto safety.

He states,

"When it comes to auto safety, children take

a backseat. Our society claims to value

its children above all else, but fails to

protect them from an epidemic of automobile

related deaths and injuries."

The article goes on to point out, that while auto makers claim that "child safety" is their highest priority, the many "lawsuits brought by injured consumers across the country reveal another story."

The truth, Mr. Ollanik says is that children are never first, but rather, are an after thought, which he says is a national disgrace. Finally, the article states that although consumer behavior has been positive, "the equipment side of the coin is not so shiny."

As one example he cites that, in 1998,

"all new cars were required to have airbags for

both frontseats. But auto safety researchers

knows that fully-powered airbags, could pose a

danger to children."

Mr. Ollanik concludes that only through new simplified educational materials, new state laws and incentives by auto makers, and a renewed vigilance by all parties, can we ensure that our children’s safety will come first.

Originally posted at InjuryBoard by Michael Greene

Are Parents Liable for a Child's Negligence?

Michael Glass — Mon, 17 Nov 2008 15:59:00 GMT

When can a parent be held liable for the injuries caused by their children? In New York, the answer is, rarely. As a general rule, parents are not going to be held legally responsible for the negligent acts of their children. Exceptions exist, however, and parents should know about these exceptions. In New York, a parent will be responsible for their child's negligence (1) if the child was also an employee of the parent and the injury occurred in the scope of the child's employment duties; or (2) if the parent negligently "entrusted a dangerous instrumentality" to the child (e.g.- gave a 6 year old a loaded gun, or lent Dad's sports car to an unlicensed, underage child driver, etc.); or (3) where the parent negligently failed to take reasonable steps to stop the child from engaging in vicious conduct when the parent had good reason to know the child was going to engage in that particular bad conduct; or (4) when the parent becomes like a participant in the negligent act by affirmatively consenting to the bad conduct or ratifying it and accepting the fruits of it.

These rules were put to the test recently in a New York Supreme Court case entitled Regis v. Condoleo, decided October 27,2008, by Nassau County Justice Ute Wolff Lally.

In Condoleo, the injured party was a driver of a car who was struck by a fireworks-like device (a small model rocket engine souped up with sparklers). When the driver stopped at a stop sign, a group of young boys shot off the model rocket engine and it flew through her open car window and into her face. The injured driver sued the boys and their parents. The Court dismissed the parents from the case, however, because there was no evidence the parents supplied the fireworks or approved of their use. It was not enough to merely show the parents had seen the boys use fireworks before, or had, in the past, taken fireworks away from them.

Although parents are generally not responsible for the negligent acts of their child, in New York, the owner of a car is legally responsible for the negligent acts of any driver driving that car with the owner's permission. So, if you lend your car to your friend, your brother or your child, and they cause an accident, in New York you are responsible for that driver's negligence. Of course, the driver is also responsible. Fortunately, the owner's automobile liability insurance covers both the driver and the owner for the negligent acts of the driver. New York is one of the few states that will hold the owner responsible for any negligence of the driver, even if the owner was not himself/herself negligent.

Originally posted at InjuryBoard by Michael Glass

Victims of Road Rage becomes Victim of Insurance Company

Michael Levine — Fri, 14 Nov 2008 17:25:14 GMT

Ethel Adams, a 60-year-old woman from Seattle, suffered a nightmare scenario in 2004. Her car was hit by a truck that managed to cross the centerline from the other direction. She sustained broken bones, collapsed lungs, and had to spend the following months in intensive care. Ethel thought that the $2 million policy that she purchased from a subsidiary of Farmers Insurance would cover her devastating injuries. However, the company denied her claim. The company informed her that she was the victim of road rage and not an accident, and thus She would be responsible for all of the medical costs arising from the horrifying event. Farmers Insurance had a history of denying claims in order to improve its bottom line. Farmers even ran an employee incentive program, "Quest for Gold," that offered various incentives.

This sort of practice is not limited to Farmers Insurance. Some of the other insurance company giants, such as Allstate, are known to aggressively fight claims in order to help their bottom lines. Allstate rewards employees who deny claims with items which include portable refrigerators..

Ethel Adams eventually received help paying her medical bills after Farmers’ denial of her claim sparked an outcry and the state insurance commissioner intervened. However, other victims of insurance companies have no such luck with their valid claims.

Originally posted at InjuryBoard by Michael Levine

Central Islip Man Charged with DWI, Leaving Accident Scene

Chrissie Cole — Sun, 24 Aug 2008 11:42:00 GMT

A Central Islip man was arrested Saturday night after he allegedly struck a pedestrian and parked vehicle while attempting to flee the scene, not once but twice.

The man, 23, of Willow Street was charged with driving while intoxicated (DWI), leaving the scene of an accident that resulted in property damage and leaving the scene without reporting the accident to authorities.

The pedestrian, 26, was transported to Southside Hospital where she was treated for non-life threatening injuries, according to police.

The driver struck the vehicle and parked car while traveling on Earle Street, police said. A resident followed the driver who continued driving on East Chestnut Street where he struck another parked car.

His vehicle was disabled after striking the second vehicle, at which point he tried to escape the scene on foot, but was held by the resident until police arrived on the scene, according to police.

Originally posted at InjuryBoard by Chrissie Cole