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Resolve to Reduce New York City Car Accidents, Be a Safer Driver

The state's department of transportation reports there were more than 230 killed in New York City car accidents in 2011 - the lowest number in a century. 

While our New York City car accident attorneys applaud this progress, which represents a 30 percent dip in the last decade alone, we know there is so much more that can be done.

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It starts with you.

Begin 2012 with a resolution to be a safe driver and adopt responsible habits behind the wheel.

The AAA Foundation reports that there is a "do as I say, not as I do," attitude among many drivers. Nationwide, an overwhelming number of survey respondents said not wearing a seatbelt is not acceptable. Yet, nearly a quarter reported doing just that within the last month. Additionally, most drivers said it's not Ok for drivers to travel 10 mph above the speed limit on residential streets, but many admitted to it themselves within the previous 30 days.

Perhaps most startling, 76 percent of motorists said drinking and driving is absolutely unacceptable. And yet, more than 14 percent said they had been impaired behind the wheel. Of those, 21 percent said they had done so within the last month.

We understand that car accidents in New York City and across the country aren't always preventable. But there are measures you can take to make your drive safer.

--Don't drink and drive.

--Put away your cell phone. While 94 percent of drivers said texting and driving is dangerous, more than a third admitted to reading a text or e-mail while driving within the previous 30 days.

--Slow down and heed red lights. About 94 percent of drivers said running a red light is extremely unsafe, but 37 percent have done it themselves in the last month.

--Don't drive if you are too sleepy or have trouble keeping your eyes open.

--Wear your seat belt.

FDA: Johnson & Johnson Delayed Reporting of Dangerous Product

Consumer health products giant Johnson & Johnson is under fire for the latest in the string of what the FDA has found to be defective products that could potentially result in medical malpractice cases in New York and across the country.

According to FoxNews, the revelation of faulty diabetic insulin pumps follows a stunning string of 30 product recalls in just the last two years. Those recalls have included everything from headache medicine that reportedly didn't have the proper dosage of active drugs to contact lenses that burned the eyes.

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Our New York City medical malpractice attorneys believe you should be able to expect safety when using FDA-approved health care products. But as these incidents illustrate, consumers must constantly pay attention not only to product recalls, but to the hazards of approved devices in the marketplace.

In this case, what has regulators furious is not simply the fact that the insulin pumps were faulty - even resulting in the hospitalization of three people who experienced perilously high blood sugar and respiratory failure. It is the fact that Johnson & Johnson delayed reporting two of those incidents and failed to report the other altogether.

The pumps provide life-saving shots of insulin to diabetic patients. In this case, the FDA reports, the pumps were not administering the proper dosage and the key pads on the pumps were also faulty. But, they said, the company continued to sell them anyway.

Erik Gordon, professor of Michigan's Ross School of Business, told FoxNews that to have one or two of these incidents might be a coincidence. Given the sheer volume of problems Johnson & Johnson has had, however, points to a more serious problem.

Last year, recalls cost the company an estimated $900 million in lost revenues.

The FDA has ordered an explanation from the company, and is continuing to investigate. The company also manufacturered the DuPuy hip, which is under recall.

More Than 130 Pedestrians Killed in New York City in 2011

The number of pedestrians killed in New York City last year topped more than 130 in 2011.

New statistics released from the New York Department of Transportation indicate that, of those killed in pedestrian accidents in New York City, 47 were senior citizens and three were children.

Our New York City car accident attorneys are encouraged, however, that the number of pedestrian fatalities is reportedly at its lowest ever, and further that it reflects a 31 percent reduction since 2001.

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But with so many potential hazards on New York City streets, both pedestrians and motorists must remain on guard.

The Department of Transportation reports that traffic crashes cost the city's economy an estimated $4.29 billion every year.

The main causes for pedestrian deaths were driver inattention and the pedestrian's failure to yield. The most serious New York City crashes involving pedestrians happened on major roadways, as opposed to quieter streets.

In fact, pedestrians accounted for 52 percent - more than half - of all traffic fatalities in the city. In most cases where pedestrians were killed or seriously hurt, the driver was male and the vehicle was private, as opposed to a taxi or city bus.

Manhattan, in particular, is known to be the most dangerous of all the five boroughs, with four times as many pedestrians killed there than anywhere else.

Police Commissioner Raymond Kelly said his department was committed to continuing to reduce all traffic deaths in New York City by enforcing laws regarding some of the riskiest behind-the-wheel behavior - namely, drunk driving, distracted driving, and failure to wear a seatbelt.

Based on a recent analysis of pedestrian fatalities, the transportation department has committed to improving pedestrian safety in the following ways:

--Outfitting an estimated 1,500 intersections with pedestrian countdown signals.

--Testing to see whether a 20 mph speed limit would increase pedestrian safety in local neighborhoods.

--Implementing a pilot program in Manhattan to improve visibility in left turn lanes.

New York's "Move Over" Law Extends to Tow Truck Drivers

Flashing blue and red lights on the highway horizon are your cue.

It's time to safely switch lanes, giving police and emergency crews enough room to do their job, without fear of being struck by oncoming traffic. Do your part to help avoid a car accident in New York.

The "Move Over" law has been on the books in New York City for some time, and its function is to protect the men and women who are typically either responding to accidents or conducting a traffic stop.

Now, the law is expanding, and our New York City personal injury attorneys want to make sure you know about it.

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According to the New York Department of Transportation, the law was revised to include a number of other vehicles, including tow trucks, HELP trucks (which assist stranded motorists), trucks used for highway maintenance and all highway construction vehicles.

The law took effect Jan. 1, 2012.

Late last year, 53-year-old tow truck driver Todd Young was killed in Syracuse while he was working to load a disabled vehicle. The Post-Standard reported he was working the night shift when he was struck by a tractor trailer.

Young was declared dead at the scene, while the driver of the truck was ticketed for unsafely switching lanes.

Tom Brennan, head of the Empire State Towing and Recovery Association, was quoted as saying he fully supports the laws' expansion, having been involved in two roadside traffic accidents in New York himself - one of which caused serious injury to his customer.

The new law requires New York motorists to change lanes when there is an incident involving not just red flashing lights, but now amber flashing lights as well. If a driver can't safely change lanes, they are required to slow down.

Violators of this law could be fined more than $300 and be sentenced to a possible 15 days in jail.

Escalator Accident Highlights the Risks in New York City

ESPN is reporting that an escalator maintenance company has settled out of court for an undislosed sum as an escalator accident case begins in state Superior Court.

Our New York City personal injury lawyers have reported several recent cases of serious or fatal elevator or escalator accidents. Recently, The New York Times reported a woman was crushed to death in an elevator shortly after it had been serviced.1251919_white_flowers.jpg

The current case in court involves an accident at Giants Stadium, which seriously injured several people, including a man who lost part of his leg. The trial continues against the other defendants, including the New Jersey Sports and Exposition Authority, which operates the stadium.

Witnessses say the escalator sped up and then stopped suddenly, sending riders tumbling to the bottom.

Elevators and escalators are part of everyday life in the New York City area. And, while they are taken for granted, New York leads the nation in elevator and escalator accidents, according to government statistics. As this case illustrates, these are complex cases that often involve elevator and escalator manufacturers, maintenance companies and business and property owners.

The victim in this case said the escalator step broke apart and swallowed his leg as it sped toward the bottom. He has undergone five surgeries and years of treatment. His right leg was amputated below the knee in December 2010. Another victim has had a dozen surgical procedures and could yet lose his foot.

Attorneys for the victims contend the sports authority knew the escalators could speed up or stop suddenly when overloaded and did nothing about the issue, despite an incident that occurred in 2000.

The stadium was torn down in 2010 to make way for MetLife Stadium, which is shared by the Giants and Jets.

New York Dram Shop Litigation: NYC Drunk Driving Car Accidents

The New York Daily News is reporting a City Island bar will remain closed in the wake of a drunk driving car accident that seriously injured a local teen.The bar is accused of serving a man who struck a 17-year-old girl with his pickup truck.

She survived but suffered two broken legs and numerous other injuries. 1191066_cerveja.jpg

Our New York City Dram Shop attorneys understand the responsiblity bar and tavern owners have when it comes to serving alcohol. Vicitms of drunk driving accidents may make a claim against a restaurant or bar in the wake of a serious or fatal New York car accident caused by a drunk driver.

New York's Dram Shop law holds tavern and restaurant owners liabile in the event that they serve a "visibly intoxicated" patron who is later involved in an accident. The law permits a third-party who is injured or killed by an intoxicated person to seek a financial recovery from the server or seller of alcohol to a visibly intoxicated person.

In this case, The Library Bar on City Island Avenue, has reportedly abandoned efforts to reopen. State Sen. Jeffrey Klein has been among those who oppossed the bar's reopening. And a group had been opposing the renewal of its liquor license.

The bar was closed after a sting operation in which young-looking undercover agents were sold liquor without being asked for identification. The city's legal department has since sued the bar, calling it a public nuisance.

The bar's liquor license was revoked in September.

Manhattan Medical Malpractice: Most Hospital Errors not Reported

Only 1 in 7 hospital errors are recognized and reported by employees, according to a report in the New York Times. Medical malpractice and Medical errors in New York City are a tragically common occurence.

It's an election year. And that means politicians will no-doubt begin carrying the banner of tort reform. Despite the fact that numerous studies have shown that malpractice claims account for substantially less than 10 percent of medical costs, the politiicans who are elected to represent you will again champion the cause of hospitals and insurers everywhere. Limiting your rights to sue, or limiting your abilities to collect damages, will be at the top of the list. 1090109_stitching_together_a_wound_5.jpg

Yet by the medical industry's own estimates, nearly 100,000 people a year die as a result of preventable medical error -- that's three times more people than die in car accidents each year. Our Manhattan medical malpractice attorneys are dedicated to fighting for the rights of those injured by doctor or hospital error, including birth injuries, defective medical products and missed diagnosis.

Not only do the vast majority of medical errors go unreported, but medical facilities do little to change their practices in the wake of "adverse events," according to the new government report by the Department of Health and Human Services.

Tracking medical errors and analyzing causes is a requirment of being paid under Medicare. Nearly all hospitals have a system for employees to inform supervisors when a patient is exposed to harm.

"Despite the existence of incident reporting systems," said Daniel Levinson, DHS's insepctor general. "Hospital staff did not report most events that harmed Medicare beneficiaries."

Most serious problems, including some that lead to patient death, go unreported, accoridng to the report. Common errors include severe bedsores, infections and medical complications. Overuse of painkillers and excessive bleeding due to the improper use of bloodthinners was also cited. Many of the errors were discovered by indepedent doctors reviewing medical documents at the request of the government.

The government estimates more than 130,000 Medicare patients are victimized by medical error each month.

In previous discussions about the epidemic of medical errors, experts reported issues with hospital employees fearing to admit mistakes. This report indicates many hospital employees do not have the knowledge or training to even understand that a mistake has occurred.

While the Obama Administration and hospital leaders have made reducing medical errors a high priority, the report found that many hospitals have not put into practice the steps necessary to reduce the risk of such errors.

Fewer Pedestrian Accidents in Manhattan: A New Year's Resolutions

Pedestrian Accidents in New York City could see significant reductions thanks to the New York City Pedestrian Safety Action Plan.  The plan is being instituted following a study that is the most statistically ambitious of its kind.  Researchers worked diligently to identify the common factors, the causes and the geographic distribution of more than 7,000 pedestrian accidents in the City.

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Our New York City Pedestrian Accidents Attorneys ask that you use the New Year to make a resolution to help increase travel safety throughout the city.  We're asking all pedestrians, motorists and bicyclists to resolve to be safer and more courteous travelers throughout 2012 to help reduce the risks of accidents.  In addition to your resolution, New York City officials and the Pedestrian Safety Action Plan will continue on in efforts to make the city safer and more walkable for everyone. 

To better understand the risks that pedestrians face on our roadways, we feel it necessary to point out the key findings in the New York City Pedestrian Safety Action Plan.  With better travel habits, we can help to reduce the accident risks for the vast majority of us who hit the streets on foot each day.

Key Findings:

-The safest year on record in New York City's history was 2009.

-There were 35 percent fewer traffic accident fatalities in 2009 than in 2001.

-Traffic accidents cost the City's economy nearly $4.5 billion ever year.

-From 2005 to 2009, pedestrians accounted for more than 50 percent of all traffic accident fatalities.

-Nearly 30 percent of all pedestrian-vehicle accidents happened when a driver failed to yield.

-Roughly 80 percent of fatal accidents involve male drivers.

-Nearly 80 percent of all fatal accidents involve private vehicles, not taxis, buses or trucks.

-Manhattan has four times as many fatal pedestrian accidents per mile than any of the other four boroughs.

Key Points of the Action Plan:

-Countdown pedestrian signals are to be installed at nearly 2,000 intersections.

-Nearly 100 miles of streets will be reengineered for safer pedestrian travel, according to accident statistics.

-Roughly 20 intersections will be reengineered for safer pedestrian travel, according to accident statistics.

-There will be a pilot program used to test the performance of a 20 mile per hour speed limit zone in neighborhoods.

-There will be a pilot program used to help to improve visibility for drivers making left-hand turns along certain avenues in Manhattan.

As our roadways are reconstructed for better pedestrian safety, motorists are asked to be cautious and aware of their driving habits to help reduce dangers behaviors and the risks shared by everyone.  Fulfill your New Year's resolution and help prevent pedestrian accidents in New York City in 2012!

Car Accidents in New York More Common in Icy Winter Conditions

Car Accidents in New York are going to be a common sight if drivers aren't more careful on snowy and icy roadways.  According to MSNBC, strong gusts of wind and virtually zero visibility were the cause of numerous recent highway accidents across the northeastern portion of the U.S.  Meteorologists predicted wind gusts of nearly 50 miles per hour earlier this week for our area.

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"Cold and windy conditions are forecast to prevail across much of the northeastern quarter of the country," said the National Weather Service.

Our New York Car Accidents Lawyers understand how dangerous it can be to drive through our state's winter weather.  Snow and ice are causing plenty of headaches on our highways.  Drivers are asked to be cautious on the roadways as we travel through the winter season. 

Drivers are encouraged to adjust their driving habits to accommodate the current weather conditions.  

The New York State Thruway Authority is here to offer some safe winter driving tips to help keep you safe through the upcoming winter storms.  The Authority strives to keep roads drivable at reasonable speeds during the wicked winter weather.  It's important for motorists to take the proper safety precautions while traveling during this time.

Winter Driving Tips:

-Get your vehicle checked out by a mechanic before the winter season.

-Keep your gas tank at least half full at all times.

-Keep a first-aid kit and an emergency kit in your car.

-Always wear your seat belt.  Make sure all your passengers are buckled up as well before starting the car.

-Slow down when weather gets wicked. Remember that the posted speed limits are for travel during ideal weather conditions.

-Don't use your vehicle's cruise control option during wintry weather conditions.

-Keep to the right unless you're passing another vehicle.

-Never tailgate.

-Allow snowplows with plenty of room.

-In the event of an emergency, do not stop in lanes of travel.

-Always use your turn signals, especially when weather conditions are poor.

-Be easy on the brakes.  Your car is much more likely to slip and slide on snowy and icy roadways.

-If you feel uncomfortable driving in the current weather conditions, pull over and wait it out.

-Check weather and traffic conditions before leaving the house.

-Leave with plenty of time to spare to avoid rushing.

-Know where you're going.  Look through directions before getting in and going.  This will help you to avoid distractions like a road map or a GPS device.

-Use your headlights.  It's required by law.

-Never walk along the roadway. If you're stranded, wait inside the vehicle with your seat belt on.  In an emergency, call 1-800-842-2233 or 911.

Breast Implants and Medical Malpractice Issues in New York

Medical Malpractice in New York City can result from defective breast implants or other problems during or after surgery. As one of the most common elective surgeries, there are no shortage of problems. And the intimate nature of the procedure can make medical complications particularly devastating.

After a recent and thorough review, the Food and Drug Administration (FDA) is saying that woman with breast implants have an increased risk of developing anaplastic large cell lymphoma (ALCL).  This announcement comes after the FDA investigated the few known cases of the rare cancer.

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The FDA examined more than 30 women with breast implants to investigate ALCL.  Our New York City Medical Malpractice Attorneys understand that there are somewhere between 5 and 10 million women around the world with breast implants.  According to experts, the ALCL cases are too rare to confidently conclude that breast implants were the cause of the disease, but the FDA thinks that there are nearly 100 cases around the world.

In many other cases, leaking implants or other medical complications have caused problems of their own.

In an effort to get more information about the disease, the American Society of Plastic Surgeons and the FDA are starting a registry for those who have been diagnosed with ALCL.  The FDA is hoping that this registry will conjure up enough information so that researchers can better understand what the exact risks are for getting the disease with breast implants.

Until the registry is fully operational, Binita Ashar, a FDA scientist investigating these ALCL cases, would like for women who have had breast implants to look over the most recent information regarding the risks of ALCL, available on the FDA website.

A French company that produces implants has been accused by authorities of using defective and dangerous materials in production.  The company stopped making the implants after a woman died after surgery in 2010.  ALCL has been diagnosed in women who had both silicone and saline breast implants.

Breast implants are a popular option for many young woman looking to boost appearance of self esteem. And they are an option for women dealing with breast cancer.  Patients are urged to research doctors before agreeing to a surgery.

If you're a woman who already has breast implants and you're experiencing any pain or swelling around the area of the implant, you should go see a physician for a checkup immediately.

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