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 Posted in Auto Accidents

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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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daLeft turn accidents in New York City kill or severely injure pedestrians and bicyclists 3 times more than right turns. These findings are part of a study focusing on left turn crashes that was recently released by the NYC DOT.  As part of Vision Zero, the DOT carefully analyzed 1,105 crash reports over a period of 5 years.

The most dangerous intersections for left turns are those when a vehicle is turning left from a one lane and one way street onto a two way and two lane street wider than 60 feet. When a driver makes a left turn in this type of intersection, his visibility of pedestrians is limited. Additionally, the driver often pressured by traffic behind him, has to find gaps between the incoming traffic and the pedestrians crossing.

The study also found that victims of left turn accidents are mostly pedestrians with a median age of 67. They are most commonly hit by cars, vans or pickup trucks.

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accident sceneA reckless driver fatally backed up into a pedestrian in Manhattan. The 41 year old man was driving North on Third Ave. As he was crossing E. 71st Street, he suddenly stopped in the middle of the intersection. He then proceeded to back up toward a parking spot. As he was doing so, 83 year old Lee Strong, a Upper East Side resident, had just started to cross the street in the crosswalk. The driver didn’t see her and backed into her.  She was knocked down and suffered severe head injuries. She was transported to the hospital in critical condition. She died of her injuries one day after being admitted. The driver stayed at the scene of the accident. The police have not made a decision yet as to charge him or not.  Read more in the NY Daily News

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accident locationA 39 year old old man suffered critical injury after he was hit by car in the Bronx, NYC. The accident occurred Saturday night around 3:00 am on East Tremont Ave near Waterbury Ave. The driver of the car, a 28 year old man, remained at the scene of the accident. He was later taken into custody by the police after he was given a breathalyzer test.

East Tremont Ave between Williamsbridge Road and Bruckner Boulevard is one the most dangerous corridors in New York City. According to the NYC Department of Transportation, hundreds of people were injured in car accidents on this specific segment between 2009 and 2013. Among them, 21 people were severely injured or died. Speeding is a major issue in this wide corridor  with undefined moving and parking lanes. Crosswalks are mostly very long diagonals or are simply lacking, making it difficult for pedestrians to cross safely.

In 2015, as part of  the Vision Zero Initiative, the DOT proposed to the Community Board to re-engineer East Tremont Ave to make it safer (see DOT proposal here). The proposal included a reduction from 4 to 2 traffic lines with a center turn lane as well as the construction of pedestrian islands.  The proposal which didn’t include any bike lanes was turned down by the community board. However after a bicyclist died on this segment last June, the DOT by-passed the community board decision and confirmed it would implement the safety measures. (see more in Streetsblog).

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In a previous blog, we wrote about  a bill that would extend NYC pedestrians’ right of way when the countdown clock is in progress at a crosswalk or when the signal is flashing.  This bill was unanimously passed by the City Council on Wednesday.  It was backed by the DOT and by The NYPD  and is expected to be enacted by the mayor as soon as possible.

With the enactment of this new bill, the NYPD and District Attorneys will have no more excuses for not bringing cases against drivers who strike pedestrians while they are in the crosswalk. According to Streetblog, in the past, many cases were not pursued because Section 4-03 of the Traffic Rules of the City of New York stated that “no pedestrian shall enter or cross the roadway” during the flashing “Don’t Walk” phase”.

The new bill intro-997, amends this section of the Rules of the City of New York and establishes the right of way for pedestrians “when a steady walking person, flashing upraised hand, or flashing upraised hand with a countdown clock is displayed on a pedestrian control signal”.

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New York City has one of the highest rates of traffic fatalities and serious injury in America and in the World. When looking at deaths only, NYC has a lower rate of traffic fatalities than its American peer cities. However when compared to other international cities such as Hong Kong, London or Stockholm, New York is still lagging behind.

traffic fatalities and injuries rates for selected cities
It is time for New York to improve these numbers! The NYC Department of Transportation just released its Strategic Plan 2016. A lot of focus is being directed to traffic safety and protection of bicyclists and pedestrians but is it enough?

Vision Zero continues to be the main program in terms of safety. The goals of the strategic plan 2016 is to integrate the program across all agencies and to improve data and analytics  related to Vision Zero objectives.  Street engineering is planned to continue in every boroughs, on high crash arterial roads and on roads to schools or near senior centers. The campaigns of awareness and education will continue. Among the new initiatives, the DOT will focus on evaluating left turn safety plans and implement recommendations from a previous study on bicycle fatalities and injuries. The DOT will also try to expand the speed camera enforcement which has proven to be very successful. The DOT will also push for mandatory seatbelt use, tougher regulation for drugs while driving, better data sharing with The NYPD in regards to crashes and work on new technologies to reduce crashes.

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accident sceneA 63 year old pedestrian was fatally hit by a car in New York. Barney Pink, an army veteran was crossing Morningside Ave mid-street near 124th street in NYC around 7:40 pm when a car hit him. The driver stayed at the scene of the accident. Barney Pink was rushed to the hospital but he could’t be saved.  Read more in the NY Daily News

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accident sceneA 12 year old bicyclist is in critical condition after he was hit by a car in New York City. This morning around 7:00 am the young man was on his way to yeshiva. As he was riding his bike near Dahill and Courtelyou roads in Borough Park, Brooklyn he was struck by a car. He was transported to the hospital in critical condition. He immediately underwent surgery. The driver stayed at the scene of the accident. The cause of the accident is still being investigated by the police. Read more in DNA

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crosswalkA new bill may offer better legal protection to pedestrians who are struck by motor vehicles while in the crosswalk. The bill which is supposed to be passed by the City Council this morning will close a loophole in the “Right of Way” law. Introduced by public advocate Letitia James, the bill will give the right of way to pedestrians who  are in a crosswalk when the countdown clock is in progress or when the signal is flashing.

So far the law only gives the right of way to pedestrians during the walk symbol. This loophole occurred because the countdown timers were installed in New York after the law was passed. Therefore drivers who are striking pedestrians during that specific time are not necessarily liable. Hopefully the City Council will correct this dangerous situation Today.

Read more in AM New York

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Car accidents are the leading cause of death among children below 13 years old in New York City.  On average two third’s of the children who die in car accidents in New York are pedestrians. While most often fatal accidents are the result of reckless driving, it is also important to educate children about the dangers of the streets.

As part of the Vision Zero program, employees from the New York City Department of Transportation are now visiting schools to educate NYC children about potential dangers encountered when crossing the street. The highlight of this school campaign is a Hip Hop video which the DOT hopes may catch the attention of the children.

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