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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Unsafe commercial carriers are the cause of many truck accidents and must be kept off the road. For this purpose the Federal Motor Carrier Safety Administration launched in 2010 the Compliance, Safety, Accountability (CSA) enforcement program that includes as its main component a tool called the Safety Measurement System (SMS). The CSA and SMS goal was to identify and prioritize motor carriers that pose the highest threat to public safety for enforcement interventions.

At the beginning of this week a study from the Government Accountability Office announced that even though the CSA program was a success, improvement was needed. The watchdog agency was especially worried that the insufficient amount of data obtained from small commercial carriers was not good enough for reliable statistics. The American Trucking Association had previously voiced the same type of warnings.

The FMCSA fought back and came up two days ago with a new study conducted by the Volpe Center, the research arm of the U.S. Transportation Department that confirms CSA effectiveness. Researchers used pre-SMS historical data and to test the system. According to the research, “results show that the companies the SMS would have identified for interventions, such as roadside inspections, warning letters and on-site investigations, had a future crash rate of more than double the national average,” FMCSA said. “In addition, 79% of the carriers that SMS would have ranked as high risk in at least one of the seven safety categories it monitors, had higher future crash rates compared to those it would not have identified”.

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V2V%20technology%20to%20prevent%20accidents.jpgIn the future some car accidents may be avoided thanks to vehicle-to-vehicle (V2V) communication technology. After a successful Pilot was launched in August 2012, the US Department of Transportation and the National Highway Traffic Safety Administration have taken the next step by announcing this week that it was taking steps to equip light vehicles with this amazing technology. (see press release)

Research undertaken during the Pilot phase show that safety applications using V2V technology can address a large majority of crashes involving two or more motor vehicles. With safety data such as speed and location flowing from nearby vehicles, vehicles can identify risks and provide drivers with warnings to avoid other vehicles in common accidents such as rear-end, lane change, and intersection crashes. These safety applications have been demonstrated with everyday drivers under both real-world and controlled test conditions.

In this video an NBC TV crew is testing a pilot car. Its pretty amazing.

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pedestrian%20death%20NYC%202010%202012.PNGBroadway, First Ave, Second Ave and Seventh Ave are the most dangerous roads for pedestrians in Manhattan. According to The Tri-State Transportation Campaign, out of a total of 89 pedestrians who died after being struck by a vehicle in Manhattan between 2010 and 2012, 28 of them died on one of these large avenues.

In the Bronx, where 72 pedestrians were killed on roads,East Gun Hill Road, Fordham Road, The Grand Concourse and White Plains Road had the highest number of pedestrian deaths between 2010 and 2012.

Flatbush Avenue, Ocean Parkway, Atlantic Avenue, Avenue J, Bedford Avenue and Eastern Parkway were the deadliest roads in Brooklyn where 123 pedestrians lost their lives in a vehicle accident between 2010 and 2012.

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To avoid truck accidents during the winter, it is essential that truck drivers know how to deal with skids. Skids occur usually on snowy or icy roads. Excessive speed, over braking, over steering, over acceleration are the main reason why a truck may skid. Therefore the best thing to do to avoid skids is to do everything smoothly and gently.

Another winter danger for truck drivers are the exhausts systems: exhausts leeks entering the cab can be deadly. Hundreds of truck drivers die every year in the USA of carbon monoxide poisoning.

To learn more on how truck drivers can deal with these winter related issues and avoid accidents check out the following video.

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In New York most drivers who killed or injured a pedestrian will not face charges. In its cover story the Village Voice looks at the recent cases of pedestrian accidents and at the measures that could be enacted to reduce these accidents.

Almost every day pedestrians are being struck by vehicles in NYC. On Monday a bronx woman was struck and killed by a bus while crossing Broadway and 74th Street in Jackson Heights around 6 p.m. Yesterday a man suffered serious injury after being struck by a commerical van in Elmhurst. The same day, a woman was injured after she was clipped by a taxi in midtown

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To help combat the epidemic of pedestrians who die or suffer serious personal injury in New York, Gale Brewer, the Borough President, submitted a list of the NYC 57 most dangerous crossings. This list include 96th street and Broadway where two pedestrians recently died as well as 17 other locations in uptown manhattan..

Read more in the New York Daily News

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9 year old Cooper Stock recently died after being struck by a taxi. His uncle, Barron Lerner in a column for the New York Times explains why he believes that reckless drivers should be treated as criminals just like drunk and drugged drivers. Lerner who is a professor of medicine and population health at New York University, is also the author of “One for the Road: Drunk Driving Since 1900” . Lerner compares reckless driving these days to drunk driving prior to 1980. He says that reckless driving “is poorly defined in the law, sometimes poorly investigated by police and almost never results in a criminal charge”.

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Electrocauter.jpgA recent study analysed all Medical Malpractice claims related to fires in the Operating Room that have been filed in the American Society of Anesthesiologists Closed Claims Database since 1985 and found that electrocauterization was responsible for 90% of the claims. The study “Operating Room Fires: A Closed Claims Analysis” was published in the Journal of the American Society of Anesthesiologists” and led by Dr. Karen Domino, Professor & Vice Chair for Clinical Research Anesthesiology & Pain Medicine, Adjunct Professor, Neurological Surgery, University of Washington, Seattle, Washington.

Electrocauterization or Electrocautery is a procedure that is used in surgery to burn unwanted or harmful tissues or to seal blood vessels to stop bleeding. During the procedure a surgeon uses heat conduction from a metal probe heated by electric current to burn the tissue.

The study found that most Electrocautery induced fires happen during monitored anesthesia care with open oxygen delivery for upper chest, neck and head procedures with plastic surgery procedures on the face accounting for more than half of them.

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Personal_Injury_Lawyer_Jerry_Katz.jpgOur Partner New York Car Accident Lawyer Jerry Katz obtained summary judgment on the issue of liability for a plaintiff in this “pedestrian struck by car” accident.

This action arises out of a pedestrian/vehicle accident which occurred on December 22, 2011 at approximately 11:00 p.m. at the intersection of First Avenue and East 68th Street, New York, NY. At that time, the plaintiff, a 76 year old woman, was crossing First Avenue in an eastbound direction with the traffic signal in her favor. There were six lanes of travel on First Avenue proceeding in a northbound direction. The plaintiff was struck by the defendants’ vehicle which was making a left turn from East 68th Street onto First Avenue while she was in the third lane. Therefore, the plaintiff had successfully crossed two lanes of traffic and was nearing the third lane when the defendants’ vehicle, which was making a left-hand turn from East 68th Street onto First Avenue to go north struck the plaintiff. The defendant driver admitted to the police and subsequently in his deposition that although his view of the crosswalk was unobstructed, he did not see the plaintiff until impact, and there was rain and a glare from the road obstructing his vision.

The plaintiff sustained a comminuted fracture of the left olecranon process and proximal ulna; posterior displacement of the proximal major fractured fragment; impacted fracture of the left radial head; joint effusion; extensive peri-articular soft tissue swelling; sub-articular cystic changes of the radial head requiring surgery on December 29, 2011 in the nature of an open reduction and internal fixation of the fracture with the insertion of a T7 reconstruction plate, compression screws, coronoid screw and a long home run screw and surgery on May 16, 2012 for the removal of the hardware from the left upper extremity.

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