New York Injury Lawyer Blog

The New York City's Taxi and Limousine Commission is moving forward with a proposal for new rules aimed at preventing cab drivers from using cell phones.

The New York City taxi cab accident lawyers and the New York personal injury and wrongful death attorneys at Queller, Fisher, Washor, Fuchs & Kool applaud efforts aimed at making the city's 100,000 taxi cab drivers operate as safely as possible.

The proposed new rules follow an Aug. 13 incident in which a taxi driver, allegedly talking on a cell phone, struck and killed a 3-year-old boy in Harlem, according to the Daily News.

A study by The New York Times found that 1 in 5 New York City car accidents involves a taxi cab -- or more than 13,000 accidents a year. Studies continue to show that using a cell phone while driving can be as dangerous as driving impaired.

The Wall Street Journal reports the commission is aiming to strengthen the penalty for violating it's decade-old rule against cab drivers using cell phones -- the rule also prohibits the use of hands-free headsets.

"The time has come to put an end to cellphone abuse once and for all," said TLC commissioner and chairman Matthew Daus in a statement. "New technology-including stealthy hands-free devices-has made it difficult to enforce our current laws, and the use of cellphones by drivers has become all too prevalent."

The Times reported 232 summonses have been issued for cell phone use in yellow cabs during the first six months of the year -- or one ticket for every 517,241 cab rides.

The TLC's current penalty includes a $200 fine and a two-point penalty on their license. The new proposal would increase the fine (the amount has yet to be announced) and a second offense would result in a 30-day license suspension.

A three-strikes rule is also being debated, which would revoke the license of a taxi cab driver charged with three offenses in a 15-month period.

The commission is expected to hold a public hearing and vote on the proposed changes, which would take effect before the end of the year.

A New York Daily News editorial slammed the proposed rules as being "too severe." But some readers supported the increased enforcement, claiming taxi drivers are a "menace" to pedestrians and other drivers with their aggressive driving, horn-honking, tailgating, distracted driving and use of cell phones.

TLC Commissioner Daus noted customers pay a premium for taxi service and deserve safe transport.

"Service must include a 100% focus on safety and the passenger's needs by ensuring that all drivers keep their eyes on the road and their hands upon the wheel," he said.

New York City taxi cab drivers have an obligation to ensure the safety of passengers, bicyclists, pedestrians and other motorists. If you have been injured in a New York City taxi accident, call Queller, Fisher, Washor, Fuchs & Kool for a free appointment to discuss your rights. Call 212-406-1700.

A dozen New York City firefighters were injured in a municipal work injury incident over the weekend when two trucks rushing to a gas leak collided at a Brooklyn intersection.

Witnesses described a horrific collision between Ladder Company No. 107 and Engine Company No. 236, according to Newsday, which reported the driver of one of the fire engines was trapped in the overturned truck as a result of the Saturday morning incident.

The 9:43 a.m. accident at the corner of Ashford Street and Hegeman Avenue in the East New York Neighborhood caused the ladder truck to flip onto its side and slide into a tree, trapping the driver for two hours as dozens of emergency personnel worked to free him. The engine rolled over a curb and onto a front lawn.

A witness reported the engine was headed west on Hegeman Avenue when it hit the rear of the ladder truck, which was northbound on Ashford.

All 12 firefighters on the two trucks required medical attention. Four were seriously hurt, and eight had less serious injuries, according to an FDNY spokesman.

The driver of the ladder truck remained trapped until noon and a 27-year veteran of the department suffered a possible broken leg, according to fire officials. Both were taken to
Brookdale University Hospital and Medical Center in serious condition.

A fire department spokesman said both trucks were responding with lights and sirens to a gas leak on Warwick Street, one block west of the crash site. The stations are located about a mile from each other and within a mile and a half of the crash site.

The New York City work injury lawyers at Queller, Fisher, Washor, Fuchs & Kool have spent decades fighting for the rights of injured New York City fireman, police officers, sanitation workers and other injured New York City employees. If you have been injured on the job in New York City, call 212-406-1700 for a free and confidential appointment to discuss your rights.

The number of New York City bicycle and pedestrian fatalities increased last year and now account for nearly 2 of every 3 traffic fatalities in the city, according to this month's release of the annual Mayor's Management Report.

Overall, the report highlighted an 8 percent reduction in traffic fatalities for fiscal year 2009 but noted the increase in bicycle and pedestrian fatalities to more than 60 percent of all city traffic deaths, compared to about half in 2005.

The New York bicycle accident lawyers and pedestrian accident attorneys at Queller, Fisher, Washor, Fuchs & Kool, have a long record of fighting for the rights of bicyclists and pedestrians who are seriously injured or killed by negligent drivers in traffic crashes.

Of the 276 traffic deaths reported in the mayor's fiscal 2009 report, 178 pedestrian and bicyclists were killed, compared to 98 motorists.

And, while total traffic crashes decliend from 182,801 in 2007 to 177,909 in fiscal 2009, that is still higher than the number of accidents reported in 2005, 2006 or 2007.

The Mayor's Management Report also reported the city's response to unsafe or inoperable street signs and traffic signals as well as the condition of New York City's bridges.

The amount of time the city took to fix unsafe conditions caused by malfunctioning traffic signals increased slightly to 4.3 hours, compared to 4 hours last year. It took an average of 1.6 days to repair faulty street signs deemed a safety priority.

And almost 60 percent of the city's bridges were in fair condition, while only 40 percent were reported as being in good or very good condition.

The report also noted that the city resurfaced more than 1,000 miles of road and increased to 70 percent the number of streets it considers in good condition.

If you or someone you love has been seriously injured or killed in a traffic accident, or because of a faulty road or faulty traffic signal, the New York personal injury lawyers and wrongful death attorneys at Queller, Fisher, Washor, Fuchs & Kool offer free appointments to discuss your rights. Call (212) 406-1700.

The news this month that about 1 in 10 of the world's babies are born premature sheds light on the significant medical and legal issues surrounding premature births and the frequent injuries, disabilities and hardship caused to infants and their families.

The New York birth injury lawyers at Queller, Fisher, Washor, Fuchs & Kool are often called to assist families dealing with the serious injury or death of a newborn infant. These tragic cases require special care and compassion for the families and extensive legal and medical knowledge and experience in the area of childbirth injuries.

The study released this month is the first attempt to measure a significant medical issue that is hidden in much of the world, according to The New York Times.

Released by the March of Dimes, the study reported the problem is most accute in poor countries, with the vast majority of the nearly 13 million premature infants born each year in Africa and Asia.

But the report found North America follows closely behind even these poorest nations -- and the number of premature infants born in the United States each year has increased more than 30 percent in the last 25 years.

Additionally, in countries like the United States, with sophisticated neonatal intensive care units, the emphasis is too often on headlines about miracle babies, which leads to a false sense of security and the under reporting of significant medical issues that often result from prematurity, including cerebral palsy, blindness and learning disabilities.

The report found 1 in 10 babies are born premature in the United States each year.

"These are conservative estimates," said Christopher Howson, an epidemiologist with the March of Dimes. "As shocking as this toll is, that toll will only rise."

The W.H.O. hopes to complete a more in-depth, country-by-country count next year.

The report found:
-An estimated 28 percent of annual neonatal deaths are due to premature birth.
-12.9 million babies are born too soon every year.
-North America (Canada and the United States combined) had the second-highest rate of premature birth, trailing only Africa.
-The rate of premature birth in the United States has increased 36 percent in the last 25 years.

If your family is struggling with the injury or death of an infant during childbirth, the New York birth injury attorneys and the personal injury and wrongful death lawyers at Queller, Fisher, Washor, Fuchs & Kool offer free and confidential appointments to discuss your rights. Call (212) 406-1700.

A New York City crane accident on 97th Street and Columbus Avenue last week caved in a sidewalk shed over a pedestrian walkway, startling pedestrians and drawing a large crowd of firefighters, building inspectors, police officers, pedestrians and residents.

The New York crane accident lawyers at Queller, Fisher, Washor, Fuchs & Kool continue to monitor instances of crane accidents in New York City after several high-profile crane failures have led to the serious injury and death of innocent bystanders and exposed lax inspection standards and other safety violations.

The mobile crane on the northeast corner of 97th Street at 775 Columbus was being demobilized for the day when it hit the sidewalk shed, collapsing part of it onto the walkway below, according to a New York City Department of Buildings spokesperson Ryan Fitzgibbon. No injuries were immediately reported, but the street was temporarily closed off immediately after the accident, according to a report in the Columbia Inspector.

The newspaper reported the site of the crane accident is a 13-story building under construction by Columbus Square developers, the Chetrit Group and Stellar Management.

Cause of the accident remains under investigatation.

Fitzgibbon reported that the Department of Buildings, which inspects and regulates cranes in New York City, issued violations to two companies, U.S Crane and Rigging LLC and PWV Acquisitions LLC, along with a violation to the crane operator.

Fines, which could be in the range of $25,000, will be determined in court at the completion of the investigation.

"If I lived there, I'd be scared," said Sam Kim, pointing to the 20-story residential building that sits in the crane's shadow. "They made a really big deal, but it is dangerous."

The New York City Building Department licenses more than 1,700 crane operators. Several high-profile crane accidents, including a May 2008 incident that killed two people after a crane slammed into the penthouse of a nearby building, has increased the focus on crane safety.

Common causes of fatal crane accidents include power line injuries, dropped loads, collapsing booms, overturned cranes and rigging failures.

If you or someone you love has been seriously injured or killed by a crane, the New York City crane accident attorneys at Queller, Fisher, Washor, Fuchs & Kool offer free appointments to discuss your rights. Call (212) 406-1700.

The number of New Yorkers commuting by bicycling jumped 35 percent in the last year, according to the New York City Department of Transportation.

New York bicycle accident lawyers at Queller, Fisher, Washor, Fuchs & Kool continue to see an increase in the number of serious bicycle accidents throughout the city as more riders bike for economic reasons or to take advantage of the city's more than 200 miles of bike lanes.

Rising gas prices, a poor economy and the city's three-year effort to promote bicycling is adding thousands of bicycles to the streets of New York. To increase safety awareness, the city has rolled out a pilot project of high-visibility green bicycle lanes, installed more than 1,000 bike-lane signs, handed out 680,000 free bike maps and provided more than 23,000 NYC bike helmets free of charge.

Transportation officials estimate more than 30,000 bicyclists per day take to the streets of New York. Since 2006, the city has nearly doubled bike-lane miles in all five boroughs, added 20 sheltered bike-parking structures and installed 6,100 bike racks even as the number of commuters using bicycles grew by 45 percent during that time.

"With the completion of this initiative, we can now state firmly that New York City is the bicycling capital of the United States," said Commissioner Sadik-Khan "This two-hundred mile growth spurt has transformed our bike network into a robust transportation system, a true backbone that connects the City's neighborhoods and helps get cyclists to their destinations safely."

Still, a 10-year study found more than 200 people were killed and almost 3,500 seriously injured in New York City bicycle accidents.

And the dangers of bicycling are more prevalent here than anywhere in America -- 11 percent of New Yorkers ride their bikes to and from work, compared to less than three percent nationwide.

- Nine of 10 crashes occurred at intersections.

- Trucks and buses, which account for only about 10 percent of the city's traffic, were responsible for 1 in 3 bicycle fatalities.

- Almost all of the fatalities involved poor driving, including driver inattention and disregarding traffic signals and signs.

New York cyclists have a right to share the road responsibly. When they are seriously injured or killed by a negligent driver, they and their families have a right to be compensated for their injury or loss.

The learn more about what you can do as a bicyclist or motorist to promote safety and avoid serious of fatal accidents, visit the LOOK Campaign, provided by the New York City Bicycle Safety Coalition.

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