Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.
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teen driverDistracted driving is the number one cause of car accidents in the U.S.  Among age groups, statistics indicate that  teen drivers are the most at risk of being involved in a fatal crash related to distracted driving. Distracted driving is not only about cell phone use. Distracted driving can be any type of activity that diverts the attention of the driver from the road. Passengers behavior may distract the driver, especially when teens are sharing a car. This is the reason why programs such as the Graduated Driver Licensing (GDL) recommend to limit the number of passengers in the car for new teen drivers.

To better understand how a teen driver perceives the risks of driving with other passengers, Catherine C. Mc Donald, PHD, RN at the Center for Injury Research and Prevention, The Children’s Hospital of Philadelphia, Philadelphia, PA, USA and Marilyn S. Sommers, PhD, RN, FAAN, Lillian S. Brunner Professor of Medical–Surgical Nursing, University of Pennsylvania, School of Nursing, Philadelphia, PA conducted focus groups and interviews with teen drivers. Their findings were recently published in the Journal of Pediatric Nursing. The study entitled “Good Passengers and Not Good Passengers:” Adolescent Drivers’ Perceptions About Inattention and Peer Passengers, found that depending on situations, other passengers behavior may reduce accident risks.  Accidents risks are lowered when another passenger helps the teen driver with technology such as GPS, cell phone or music. However when music is played too loud or other passengers distract the driver with Snapchat or other cell phone apps the risk of accidents increases.

When teaching and discussing road safety with their teens or when handing their car keys to them, parents should keep this study in mind. While passengers behaving badly may increase the risk of accidents related to distracted driving, the help of a good passenger may prevent teens getting distracted while driving.

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Jay Street before after protected bike laneBetween 2010 and 2014, one bicyclist died and 270 people were injured on Jay Street in Brooklyn NYC. The Jay Street bike lane was voted the most dangerous bike lane in Brooklyn by the readers  of the Brooklyn Paper in 2012. Last month the New York City Department of Transportation finally installed a protective bike lane on Jay Street. The bike lane which is protected by parked cars, increases bicyclists safety. However since its installation some motorists are still driving or parking on the protective lanes and the police are not doing much to prevent them from doing so. Barriers or bollards would be the best way to keep all car traffic out of the lane. According to commuters using the lane on daily basis, the protective bike lane makes it easier to commute but it is still not a place to safely bike with a family. Read more in the Brooklyn Paper . Also read additional proposals to improve  cyclists safety on Jay Street here and provide your personal input here.

Illustration: NYC DOT implemented proposal for Jay Street Protected Bike Lane

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accident sceneAn 80 year old man suffered critical injuries in a car accident in the Bronx, NYC. The man was driving on the Cross Bronx Expressway last Thursday when he ran out of gas. He parked his SUV on the shoulder but didn’t properly put the vehicle in park position. As he got out of the car and walked behind it, the car started to roll backward. The man was run over by his own car. He was rushed to the hospital in critical condition.

Read more in the NY Daily News 

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accident sceneAn elderly pedestrian was fatally struck by a car in New York City last week. 89 year old Wai Lee was crossing Quentin Road near Coney Island Ave in Brooklyn, NYC when she was struck by a car. The driver, an 81 year old man was trying to park when he hit the victim. The NY Daily News reported that the man was trying to park when he put the car in drive by mistake. He then accelerated and hit the victim. The woman was transported to the hospital in critical condition. She later died there from her injuries.

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location of the accidentA 23 woman died in a car accident in New York City on Sunday morning. 6 other people were also injured in the accident.  The deceased victim, Desray Leroy and all the other people injured in the accident were riding in the same car.  They were celebrating the 21st birthday of Stephany Leroy, the sister of the victim according to ABC7 NY. They were coming back from a club and the 7 of them were packed in a 2004 Audi 6 sedan. The car’s maximum capacity is 5 people. Desray Leroy was sitting on the lap of one of the passengers. They were driving North on 120th Street in South Ozone Park, Queens. As they arrived at the intersection of Linden Boulevard, the driver allegedly ignored the stop sign and struck a Honda Civic. The Audi then veered into a wall and then flipped over. The driver of the Civic, a 53 year old woman identified as Ray Mouton, was arrested for aggravated unlicensed operation of a vehicle according to the NY Daily News. The 6 other passengers of the Audi were taken to the hospital with non life threatening injuries. The police are are still investigating the exact cause of the crash.

Picture: location of the accident, courtesy of Google Map

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In 2014,  a motorist plowed into a crowd in NYC, killing one person and severely injuring another. He was convicted at a Bench Trial in March. Yesterday he was sentenced to 18 years to life in prison.  Almost two years ago, 22 year old Kevin Weekes tried to crash a baby shower in Queens. He was thrown out and became furious. He got into a fight and was stabbed. He then got back into his car, made a U-turn and drove into a group of people standing outside the shower party.  He fatally struck 20 year old Kevin Lewis, who was dragged under the car for half a block and seriously injured 21 year old Antoinette Green.

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GMTwo product liability cases related to General Motor’s defective ignition switches (see previous blog) have been settled in federal court this week. The cases are two of several bellwether trials that will provide guidance from the hundreds of lawsuits that have been brought against General Motors.  So far 3 of these bellwether cases have been settled by GM, 2 were won by GM and another one was dropped before trial.

The two cases settled for an undisclosed amount involved two women who were driving at low speeds. In the first case, Stephanie Cockram from Virginia struck a wall after losing control of her vehicle. The airbag never opened and she suffered head injury, jaw injury and a broken hip. In the other case Amy Norville from Kentucky lost control of her vehicle after trying to avoid a deer. She hit a tree and again the airbag didn’t deploy. Her neck was fractured and her sternum broken.

 

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construction sitePromoting safety culture not only reduces the risk of accidents at construction sites but also impacts other business aspects such as productivity and competitiveness. Large construction firms understand this concept and apply it in their day to day business while small construction firms are still lagging behind.

A recent survey by the Center for Construction Research and Training looks at the difference in safety culture and safety management between small and large companies.

Small firms with 1 to 9 employees represent a little more than 10% of the construction firms. Those with over 500 employees represent approximately 20% of them. Construction firms with 10 to 49 employees represent the biggest part, around 30% of construction firms.  Small firms usually work on low-rise commercial and residential projects while larger ones work on high rise and industrial projects.

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accident sceneA month ago a 6 year old boy was injured after being struck by a car in NYC (see previous blog). The driver got out of the car and then got back in and fled the scene of the accident. After a month of investigation the driver has been identified and arrested by the police.  53 year old Armando Mino was charged with assault and leaving the scene of an accident.  Read more in the NY Daily News 

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African American Patient with DoctorsMedical Malpractice may have been committed on many American Africans who were previously diagnosed with hypertrophic cardiomyopathy.  A recent study found that some genetic variations that were linked to this condition were indeed harmless. These specific genetic variations were found more often in black Americans than in white Americans. Therefore many patients from African descent may have been misdiagnosed or are still being treated for a condition they don’t suffer from.

Also called, abnormally thick heart muscle, hypertrophic cardiomyopathy is a genetic disease that affects 1 out of 500 Americans. The disorder can cause arrhythmia and can be fatal. Symptoms may include chest pain, difficulty, breathing, fatigue and swelling in the ankles and feet. For a complete list and diagnostic testing see The American Heart Association web site. Sometimes there are no symptoms.

Abnormally thick heart muscle is diagnosed through genetic testing. A patient who tests positive for  the condition will often be required to change his or her lifestyle. These changes may include healthy diet, additional physical activities, losing excessive weight or stopping smoking. Patients diagnosed with hypertrophic cardiomyopathy  are often prescribed specific medication to treat the condition.  Various types of surgeries are also commonly used as well as  alcohol septal ablation, a noninvasive procedure.

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