New York Personal Injury Attorneys Blog

Published on: March 10, 2014

A new audit confirms that the FMCSA’s CSA program is not doing enough to reduce truck accidents by keeping bad commercial carriers off the road

To reduce the number of truck accidents on American roads by keeping unsafe trucking companies off the road, the Federal Motor Carrier Safety Administration (FMCSA) launched in 2010 a program called CSA which stands for Compliance, Safety, Accountability.

The FMCSA has not fully implemented this program yet and was previously criticized by the Government Accountability Office and by the American Trucking Association for being too lax (see previous blog) about it. A recent audit by the Office of Inspector General which was made public at the end of last week reinforces these concerns.

According to the audit, the quality of the data received by the States is improving but only half of the commercial carriers have provided this data. Adding to that the FMCSA has not yet implemented a data correction process to make sure the information received is accurate and correct it if necessary. In regards to the implementation of CSA at State level, only 10 States have fully implemented CSA enforcement intervention process. THE FMCSA is unable to provide a deadline as to when the program will be fully implemented in the 41 other States. The audit also reveals that the FMCSA is not adhering to Information technology best practices and Federal Guidance in regards to its safety measurement system.

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Published on: March 7, 2014

New York Elevator Accident Lawyers Chis Sallay and Anthony Gair settle a case for $1,725,000

By GGCRBHS&M

Chris%20Sallay%20and%20Tony%20Gair.png Our Partners, Chris Sallay and Anthony Gair settled a New York County elevator accident case for $1,725,000 on behalf of a 64 year old woman. The plaintiff was a passenger in an elevator car traveling at 1000 feet per minute when it came to a sudden, abrupt stop causing her to sustain a severe fracture of her left ankle for which she has had multiple surgical procedures and which has left her with significant disability as a result.

Defendant Elevator Corporation was the sole entity responsible for the safe maintenance, service, operation and repair of the subject elevator. They had a resident elevator mechanic assigned to the subject building on a full–time basis whose duty it was to inspect service and maintain the elevators and their parts in a safe condition. Three days after the subject accident, the elevator was inspected by an elevator inspector with the local Building Department who concluded that the rope grip mechanism on the governor was defective and violations were issued. Defendant strongly maintained that they had no knowledge of the defective governor and that a problem with the power in the building caused the subject accident.

The plaintiff was extricated from the elevator by EMS and was taken via ambulance to a local emergency room. She was diagnosed with a trimalleolar fracture of the left ankle. Over the next year, she underwent 3 surgical procedures and months of physical therapy. Following extensive settlement negotiations with representatives of defendant elevator company, a settlement was reached in the amount of $1,725,000 on the eve of trial.

Published on: March 6, 2014

How to avoid truck accidents caused by Tire problems?

By GGCRBHS&M

When a truck accident is caused by a mechanical failure, tires are often the culprit. Accidents related to tire failure commonly happen because – tires are defective,

– tires are not properly maintained by the trucking company – tires that have not been properly inspected by the driver before the trip

When it comes to maintenance and inspection, trucking company employees and drivers should be rigorous and make sure not to rely on some tire safety myths that have never been proven true such as checking the pressure by kicking the tires or believing it’s ok to re-inflate a tire that has been run more than 10 percent low.

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Published on: March 6, 2014

Product Liability: The National Highway Traffic Safety Administration sends a list of 107 questions to General Motors

By GGCRBHS&M

Following General Motors car recalls related to a defective ignition switch, The NHTSA has opened a Timeless Query, TQ14-001 and sent a Special Order to GM with a list of 107 questions that must be answered by April 3rd 2014.
In a recent article in the New York Times, Christopher Jensen looks at some of the most interesting and unusual questions.

Published on: March 6, 2014

7 people suffered personal injury in car accident after cops chase motorist who refused to pull over

By GGCRBHS&M

A car accident that left 7 people injured in Queens, NYC, this weekend is being investigated by NYPD Internal Affairs. Joseph Barriga who was driving a car even though his license had been revoked after 20 suspensions was spotted by the Queens Gang Squad after he blew a stop sign. The cops who were driving an unmarked car tried to pull him over but instead Bariga hit the gas and the cops started to chase him. After a minute of chase the cops were told by their superior to terminate the chase. Two minutes later Barriga blew a red light and slammed into a car with five people in the car. It is not clear if the cops stopped the chase when instructed but they were a block away from the car when the accident happened.

Barriga was charged with reckless endangerment, aggravated unlicensed operation of a motor vehicle and several other violations. No disciplinary actions have yet been taken against the cops involved.

Failure to diagnose colorectal cancer timely can have deadly consequences

By GGCRBHS&M

Failure to diagnose colorectal cancer at an early stage often happens because patients are not properly educated or simply uncomfortable with the screening which consists of a colonoscopy during which a gastroenterologist will detect and remove precancerous polyps. 140,000 Americans are diagnosed every year with colorectal cancer which is the the third most deadly cancer in the US. All adults over 50 should have a colonoscopy. Colon cancer can be effectively treated if diagnosed early. We believe it should be done at 45.

To better educated patients, The Montefiore Hospital in the Bronx, NY will display The Rollin’ Colon a 20 foot long inflatable colon that shows the normal colon lining as well as the potential diseases that can affect it.

Two pedestrians injured after being struck by a drunk fireman in the Bronx, NY

By GGCRBHS&M

Sean Farrell was drunk when he struck two pedestrians in a crosswalk with his car yesterday night in the Bronx, NY. The police determined that Farrell, a city firefighter was drunk as he refused to take a breathalyzer test. Farell was charged with an elevated DWI charge because it is the second time in less than 10 years that he has been caught while driving while intoxicated.

To better protect Road Users from Dangerous Drivers and potential Car Accidents, New York Governor announces that Prosecutors will now have Access to Past Driving Information Tickets

By GGCRBHS&M

To reduce the number of car accidents on New York roads and identify drivers with a pattern of dangerous driving, Governor Cuomo announced Today that the New York State Department of Motor Vehicles (DMV) will now provide prosecutors with information about drivers’ ticket history so they can make a better judgement when looking at a plea for a current driving charge.

So far New York prosecutors were only able to access convictions.

In New York it is common practice for courts and prosecutors to allow drivers charged with a speeding offense to plead those charges down to lesser offenses such as a parking violation. Because prosecutors were missing drivers’ ticket history, potentially dangerous drivers were taking advantage of this loophole to avoid harsher prosecution and stay on the road.

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Published on: March 5, 2014

Connecticut Governor says Metro North’s preliminary 100-Day Improvement Plan to improve safety and prevent train accidents is not specific enough

By GGCRBHS&M

After Metro North was involved in two catastrophic train accidents including a fatal one in the Bronx, NY, the new Metro North president Joseph Giulietti gave Connecticut’s Transportation Commissioner James Redeker a preliminary 100-Day Improvement Plan that focuses on rebuilding a culture of safety in Metro North. The plan proposes the re-establishment of a safety department, the creation of a data analysis unit as well as improved training programs for employees. In his letter to Commissioner Redeker, Giulietti mentioned that he was also waiting for external reviews from the MTA, the FRA and the NTSB to be able to understand all issues and take proper corrective action.

In a statement the Governor of Connecticut, Dannel Mallloy criticised the action plan saying it was not specific enough and that “riders need to know that there is a plan with benchmarks and deadlines in place” .

Transportation Secretary Anthony Foxx advocates for better infrastructure to reduce the number of deaths and personal injuries related to bicycle accidents

By GGCRBHS&M

I didn’t tolerate pedestrian and bicycle accident fatalities when I was a mayor in Charlotte and I will not tolerate them either as US Secretary of Transportation said Anthony Foxx in a speech yesterday at the National Bike Summit.

Foxx supports safe roads for all users and emphasises that more and more Americans are using their bikes not only for recreation but also as an economical source of transportation.

Foxx also asks for support of President Obama’s $302 billion proposal for American Transportation that includes increased resources for bicycle and pedestrian programs.

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