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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Car accidents are the number one cause of fatalities among teens. 2,679 teens died and 123,000 were injured in car accidents in 2014 in the US according to the most recent statistics. Distracted driving including distraction from other passengers, speeding, alcohol use and lack of seat belts are among the main factors contributing to these accidents. To raise awareness about these dangers and in an attempt to prevent teens from dying or being injured in car crashes the Congress created the National Teen Driver Safety Week in 2007. National Teen Drivers Safety Week 2016 starts Today for the ninth consecutive year. During this week, schools and communities will conduct campaigns related to this issue.  If you want to get involved in your community or learn more about National Teen Driver Safety Week you can find campaign material here.

 

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Rear End CollisionThe Traffic Injury Prevention Journal  recently released a study comparing traffic accidents involving novice teen drivers and experienced adults. The study uses data from the Strategic Highway Research Program 2 (SHRP2) Naturalistic Driving Study. Naturalistic driving is a new approach of analyzing driving behavior. In the SHRP2 naturalistic driving study, 2,360 drivers of all ages and genders across the US agreed to have their driving behavior electronically monitored. For a specific period of time, each participant’s car was equipped with high tech data-collecting devices that analyzed their day to day driving activities and behavior.

A team led by researchers from the Center for Injury Research and Prevention at the Children’s Hospital of Philadelphia used the naturalistic driving data to compare crash rates and rear-end striking crashes among novice teens and experienced adults.  Researchers found 539 crashes involving novice teen drivers (16 to 19 years old) or experienced adult drivers (35 to 54 years old). They looked at data from onboard instrumentation such as scene cameras, accelerometers and GPS to  identify rear-end crashes. Each of these rear-end collisions were then analyzed to obtain information about impact velocity and severity of the crash.

The study found that rear-end crashes represented 43% of all significant at-fault crashes. Novice teen drivers had a crash rate of 30 per million miles driven and a rear-end striking crash rate of 13.5 compared to respectively 5.3 and 1.8 per million miles driven for experienced adult drivers. The median impact velocity for rear-end crashes was 18.9 mph for novice drivers and 2.8 mph for experienced drivers. Rear-end crash severity was also higher for teens than for adults.

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automated vehicleHuman error is the main factor in fatalities and injuries related to car accidents. The introduction of automated vehicles (AV) is expected to lead to a significant improvement of safety on American roads. However just like actual cars, new automated vehicles must pass safety standards. The US Department of Transportation’s role is to ensure public safety on the roads. With the arrival on the market of  self driving vehicles, the agency is confronted with to new challenges. How to keep road users safe with automated vehicles? How to keep up to date with safety as technology related to AVs is developing very quickly?

The DOT consulted with experts, safety advocates, industry leaders and State governments among others before to publish a “Federal Automated Vehicles Policy”. This document was released with the purpose of seeking public comments.  The DOT will consider all received feedback and release an updated policy in one year.

The document can be downloaded here

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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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An estimated 438 people will die and 50,300 will be seriously injured in a motor vehicle accident this Labor Day Holiday. These estimates were released recently by the National Safety Council and cover the period beginning Today at 6:00 pm and ending Monday at 11:59 pm. The estimated number of traffic fatalities is 18% higher than the average number of fatalities for the last six previous Labor Day Periods.  It would also be the highest total number of fatalities for the holiday period since 2008 when the National Safety Council started keeping these statistics.

The National Safety Council also estimated that 170 of these 438 estimated traffic fatalities could be avoided if the front seat passenger wears a seat belt. Another estimated 104 deaths could be prevented if all wear seat belts.

Traffic Fatality Labor Day

Data Source: National Safety Council

 

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Will SmithA surveillance video shows that Will Smith initially hit the car of  the man who then murdered him in an act of road rage. The surveillance shows Smith’s car bumping into a Hummer. While the hummer’s driver, identified as Cardell Hayes, pulled to the right side of the road, Smith just drove around it and continued on his way. Hayes became enraged that Smith didn’t stop and started to pursue Smith with his Hummer.  Hayes then caught up with Smith’s car and rear ended him, sending Smith’s car crashing into a third vehicle. As Smith stepped out of his vehicle words were exchanged before gunfire erupted. The former Saints player died of multiple gunshots, allegedly fired by Hayes. His wife only suffered personal injury as she was struck twice in the leg. Another senseless act which illustrates the consequences of carrying a gun by people who are not mentally stable.

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digital billboard mix for slideshow 4As billboards are getting more and more sophisticated, the risk of car accidents caused by drivers distracted by these billboards is increasing.  Jerry Wachtel,  a traffic safety consultant just released a compendium of 22 recent studies related to potential consequences for driver distraction from Commercial Electronic Variable Message Signs (CEVMS) along the roadside. The author released a previous study in 2009 warning about the dangers of such billboards. More recent studies are showing that as billboard became more sophisticated, drivers also became more distracted increasing the risk of accidents. Below is a summary of the  most relevant findings:

  • While experienced drivers are more cautious than young drivers in keeping their eyes away from distractions that are inside the car (i.e. phone dialing or map searching) they are not as cautious when it comes to external distractions such as electronic billboards.  Both younger and older drivers have a tendency to often glance for more than 2 seconds at external distractions such as electronic billboards instead of focusing on the road in front of them. When a driver takes his or her eyes off the road for two seconds or more the risk of an accident is high.
  • Drivers pay less attention to relevant road signs but focus more on electronic billboards when both types of signs are on the same road
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Cumberland Farm Convenince Store43 year old Kimmy Dubuque was about to enter a Cumberland Farms convenience store when she was fatally pined against the store wall by an out of control SUV.  The car accident happened in Chicopee, Mass, the hometown of the victim in 2010. Yesterday, the Dubuque family was awarded $32.4 million plus interest by a Massachusetts jury in a case that highlights the high frequency of storefront crashes and the negligence ofCumberland Farms in failing to protect clients from dangers they were previously aware of.

Cumberland Farms is a privately held chain of convenience stores and gas stations spread all over the state of Massachusetts. The Dubuque family sued Cumberland Farm on the basis that despite many previous issues with cars speeding in their parking lot, Cumberland  Farms failed to install safety barriers and bollards which are a common safety fixtures in retail parking lots.  The lawsuit revealed that the fatal accident was far from being an isolated event. According to records submitted during the lawsuit, between 2000 and 2009 there were 485 similar incidents at Cumberland Farms convenience stores. This is almost one incident every week.  Lawyers for the family produced evidence that Cumberland Farms had looked into the issue and found that the best way to protect their customers would be to install arrays of 6-inch-wide bollards in front of their stores. This would cost $3000 to $3500 per store. The company picked narrower posts and thinner steel to reduce costs. Additionally this protection was only installed in half of the locations.

Storefront car crashes are common crashes. Fair Warning reports that 7-eleven had more than 1500 incidents in seven years and that similar incidents occur frequently at Starbucks and Dunkin Donut locations.  There are no official statistics about this phenomenon but according to Fair Warning at least 16 people (employees or customers) died and at least 587 suffered personal injury including 121 who were seriously hurt between April 2013 and April 2014. Most of these crashes could have been prevented if the owners had installed bollards or other type of safety barriers in front of their stores. These types of safety measures usually cost less that $10,000.

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teen driverRecent statistics show that 41% of teen drivers who died in car accidents were intoxicated. While drunk driving has been declining, driving while impaired by other substances such as  weed, other illegal drugs, prescription and OTC medication has increased significantly. The National Teen Driver Safety Week that will kick off on October 18th will focus on this particular issue. The National Highway Traffic Safety Administration in association with the Center for Injury Research and Prevention at The Children’s Hospital of Philadelphia has developed material for schools and for parents to increase teen awareness about impaired driving.  Under the theme “Avoid the Regret – Avoid Impaired Driving” the campaign is seeking solutions to prevent teens deaths and injuries on the road.

Read more here

 

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PlanAhead-letterposter-232x300835 sales workers and truck drivers died in traffic accidents last year  according to preliminary data from the U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries (CFOI). To raise awareness about these accidents and to reduce the number of drivers dying on the job, the Network of Employers for Traffic Safety (NETS) is running its annual Drive Safely Work Week. For this year’s campaign, NETS is asking employers to extend driving safety awareness beyond company drivers and to address it to all their employees and their families. Traffic fatalities and injuries are not only causing pain and sorrow to families but they are also causing an economic burden to employers. A recent study demonstrates that in crashes resulting in injury, there is a nearly 1:1 ratio of the cost of on-the-job crashes to the cost of off-the-job crashes i.e. those that take place outside of work hours that also include non-company vehicle driver-employees and their dependents.

The theme of this year’s campaign is “Plan Ahead”. Planning ahead for a road trip whether it takes place on the job or off seems like routine but simple tips such as those that follow can significantlty reduce the risk of an accident:

  • Plan your journey an allow sufficient time to get to your destination without stress