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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.

Articles Tagged with car accident

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child in carCar accidents are one of the leading causes of  injuries and deaths for children. In the US, 636 children under 12 year old died and 97,000 were injured in car crashes in 2018.

From researching child restraint performance to analyzing teenager behavior behind the wheel and testing safety of future autonomous vehicles, the Center for Child Injury Prevention Study  has been constantly researching and advocating for better ways to protect children on the road.

Among their most recent studies,  researchers at CChIPS  have been looking at the validity of  recommendations for rear-facing Child Restraint System (CRS) using newly available real car accident injury data.

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headquarter of HyundaiOwners of selected models of Hyundai Genesis cars as well as other electric models have been warned by Hyundai that their cars were at risk of catching fire and should be parked away from home and other structures or flammable material until they repair their vehicles.

Models of Hyundai Genesis sold in 2015 and 2016, Hyundai Genesis G80 sold between 2017 and 2020 and Hyundai Genesis G70 sold between 2019 and 2021 might have defective anti-lock brake system modules that could malfunction internally and cause an electrical short resulting in engine compartment fire while driving or during parking. Owners of these vehicles must get them repaired and make sure to park them away from their home or other structures that might catch fire until repairs are done.

Hyundai also issued another recall for fire on some of its electrical vehicles. Some 2019-2020 Hyundai Kona Electric and 2020 Hyundai Ioniq Electric vehicles might have defective battery cells causing internal electric shorts that can result in a fire while driving, parking or charging the battery. The owners of these vehicles have also been asked by Hyundai to park their vehicle away from anything that could catch fire until the defect is repaired.  Hyundai is facing similar problems in Korea and vehicle owners are not happy about the manner Hyundai has been handling the repair according to a recent article in Reuters .

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Teen speeding is a leading cause of fatalitiesSpeeding is the cause of many fatal crashes especially among teenagers. A recent analysis conducted by Richard Retting of Sam Schwartz Consulting for the Governors Highway Safety Associations found that teen drivers and passengers account for a much greater proportion of speeding related fatalities than any other age group.

From 2015 to 2019, 4,930 teen drivers and passengers died in car accidents related to speed. Speed related accidents accounted for 43% of all teen fatal car accidents. As a comparison speed is a factor in 30% of all fatal accidents for people above 20.

Globally, car accidents remain the main cause of fatalities among teens with the 16 year old’s being the most at risk

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accident scene28,190 people died in car accidents in the US in the first 9 months of 2020 compared to 26,941 during the same period of 2019.  This represents a 4.6% increase in car accidents fatalities in the US while at the same time the umber of miles travelled decreased by 14.5 %.  These numbers are early estimates recently published by the National Highway Traffic Safety Administration.

First a decline during the lockdown and then an explosion of deaths

While looking at each month’s fatalities, data show that during the lock down fatalities declined significantly and then exploded after things gradually reopened. In March 2020 car crash fatalities in the US were down by 7.7%, in April by 19% and in May by 2.7%. Then, in June  2020, crash deaths increased by 16% compared to June 2019, by 13% in July, by 13% in August and by 13% in September.

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accident sceneThe National Highway Safety Administration was created 50 years ago in an effort to curb the number of Americans dying or getting injured in car crashes. Its role was to create safety standards for motor vehicles, supervise recalls in case of defects, educate people and conduct research on traffic safety as well as allocate safety grants to states.

Back in the days, when the agency was created, more than 50,000 people were killed very year in car accidents in the US.  It went down to 32,479 in 2011 and then gradually went back up to 36,120 last year.

Over the years the Agency had its ups and downs, the last four years were among the worst

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Snow stormIf you want to avoid getting injured during a snow storm in New York City, the best way is to stay home, wait for the snow to stop and for the sidewalks and roads to be cleaned before going out. However if you really have to or want to step out to enjoy some winter fun with the kids, make sure to wear proper shoes and exercise caution when walking around.

If you have to get somewhere you might think that you would be safer walking than driving. It might actually be quite the opposite.

In a study published last May in the Journal of the American Meteorological Society and entitled “Winter Storms and Fall-Related Injuries: Is It Safer to Walk than to Drive?” researchers analyzed the visits to hospital emergency rooms in a medium sized urban community, in Canada, during multiple snow storms. They found that, during a snow storm, visits to the emergency room for injuries caused by falls accounted in average for 64% more than visits to the ER caused by a motor vehicle accidents.

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teen driverThis week is National Teen Driver Safety Week. For the 13th consecutive year, the National Highway Traffic Administration is organizing a one week campaign to raise awareness  and seek solutions to prevent and reduce teen drivers fatalities and injuries.

Car accidents are the leading cause of fatality for teenagers in New York and in the US

In New York State, every day, 10 people are injured or killed in an accident caused by a teen driver.  Unsafe speed accounts for 21% of these accidents, driver inexperience for 8%, failure to yield right of way for 6%, driver distraction for 4% and alcohol for 1%.  Male teen drivers have a higher risk of causing an accident than female teen drivers. Drivers with only a few months of experience driving alone are also at high risk of causing a crash as well as teen driver driving with other teens on board. In New York State, teen drivers are at fault in almost 80% of the car crashes resulting in incapacitating and fatal injuries.

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teen driverCar accidents are the number one cause of teen fatalities and disability in the US. Close to 2,000 young drivers between 15 and 20 year old die in car crashes every year. This doesn’t include the deaths of passengers riding with teens or other road users including cyclists and pedestrians who died in traffic accidents caused by teens.  A majority of auto accidents caused by teens are related to lack of scanning, speeding and distraction such as using a cell phone or travelling with other teen passengers.

Based on analysis of previous teen accidents, the Ohio Bureau of Motor Vehicles tested a portable driver simulator system that has the ability to predict with accuracy which teen will pass the on-road exam and which one will fail. Additionally the simulator can highlight which driving errors are associated with failing the test.

The simulator was originally developed by researchers at the Children Hospital of Philadelphia (CHOP) who created  a laboratory-based driving assessment that safely put teen drivers in common crash scenarios and measure their skills at avoiding accidents.  As the development appeared to be successful, CHOP created a spin off called Diagnostic Driving to commercialize the technology.  The product is  now in a pilot stage in the form of a cloud-based software application called Ready-Assess™.

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infant car seatTo protect children from serious head, neck and spinal injuries during a car crash, the NY Child Safety Seat Law requires that parents use a rear-facing car seat for all children younger than 2 year old.
Tests have demonstrated that infants have a head that is heavy compared to the rest of their body and that if they were sitting in a forward facing seat during a collision, they would be thrown forward and as a result suffer more serious injury.

While most parents do respect the law and install car seats for their little ones, previous research from the National Highway Traffic Safety Administration indicates that almost 60% of child seats are not installed properly

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Texting while driving can killApple recently dodged several  product liability lawsuits from families of victims of distracted driving crashes. The lawsuits claimed that Apple not only is aware that the Iphone triggers dangerous compulsive behaviors in some individuals but that the company has the technological means to prevent such behavior when a cellphone user is driving.

Back in 2008, the company submitted a patent for a lockout mechanism that disabled certain phone functions such as texting that could interfere with safe driving when the user is behind the wheel. In the patent, Apple indicated that it was fully aware of the dangers of its product by writing: “Texting while driving has become so widespread that it is doubtful that law enforcement will have any significant effect on stopping the process”.  Later on in 2017 Apple briefly introduced a “Do not Disturb while Driving App”. The app had to be activated by the user and critics said that compulsive users would not be the one activating it.

Despite being aware of the danger of its product, Apple still hasn’t implemented any technology to protect innocent people from being killed on the road on a daily basis. So far all product litigation against the popular company has been dismissed.  One of the most recent ones involved the family of 5 year old Moriah Modisette.  Back in 2014, Moriah was in a car with her parents and her sister on a highway in Dallas when Garrett Wilhelm crashed into their car.  Moriah died and her parents and sister were injured. The investigation found that at the time of the accident Wilhem was chatting on FaceTime.