New York Injury Lawyer Blog

Safety advocates from as far away as San Francisco are encouraging city leaders across the country to conduct a comprehensive traffic study similar to the one unveiled last week in Manhattan, which examined ways to reduce the high number of serious and fatal New York City pedestrian accidents.

As our New York City accident attorneys reported on our New York Injury Lawyer Blog, more than 7,000 pedestrian accidents were studied as city leaders formed a comprehensive plan to reduce accidents. Last year, more than half of the city's traffic fatalities involved pedestrians. Planned improvements include the installation of more than 1,500 countdown signals at intersections.

But safety advocates keep pouring over the data looking for additional nuggets: Like the fact that New York City motorcycle accidents are 18 times more likely to be fatal than accidents involving the occupants of a passenger car.

The New York Times even argues that the study debunks the myth that women are lousy drivers. Eighty percent of all fatal pedestrian accidents over the last five years involved male drivers -- a statistic far too one-sided to be explained away by male dominance in roles like cab and bus drivers. Besides, the study also showed that such commercial vehicles are only responsible for about 20 percent of pedestrian accidents.

"The statistic would seem to put to rest, for good, the Mars versus Venus question of who is better behind the wheel," The Times article states. "And to confirm what auto insurance companies -- and at least half the city (women, that is) -- knew all along."

Traffic safety experts and social scientists point to the male propensity for aggression and risk taking. They also argue that men are more likely to drink and drive, avoid wearing seat belts, speed or take other excessive risks while behind the wheel.

Not only do men take more risks behind the wheel, they are more likely to be injured or killed in a pedestrian accident. Boys ages 5 to 17 had the highest number of death and serious injuries, with 785 -- more than twice the number for girls in that age range.

Continue reading "Say it isn't so: Study of New York City pedestrian accidents prove women are better drivers " »

In the second part of our two-part series this week, the New York City injury attorneys at Queller, Fisher, Washor, Fuchs & Kool look at the issue of older drivers. The previous report on New York Injury Lawyer Blog focused on teen drivers.

AAA New York recently sponsored a senior driving expo at Adelphi University in Garden City, where the emphasis was on assisting seniors in "Keeping the Keys." The event promoted seniors as safer than 20-something drivers.

It's a tough comparison to make -- and it's not necessarily true. The New York Department of Transportation's annual report does not provide a crash rate (serious or fatal crashes per number of drivers). But, based on raw numbers, senior drivers over 70 reported consistently higher fatalities rates with age. Those over 80, reported 109 fatalities and 3,332 injuries in 2008, more than any other age group except those in their 20s -- conveniently the age group used by the Senior Expo.

Yet seniors reported more accidents than teenagers -- and car accidents are the leading cause of death for young drivers ages 15 to 20, according to the National Highway Traffic Safety Administration. And the NHTSA reports that men have consistently higher crash rates after the age of 65. Women follow the same trend but the rate declines again after the age of 85.

As the Washington Post reported, the issue of senior drivers will move to the forefront of the safety discussion with the aging of the Baby Boomers. The percentage of drivers over the age of 70 who still have driver's licenses has increased from 73 percent a decade ago to 78 percent today. While drivers are living longer, health issues like heart problems, stroke, Parkinson's dementia, Alzheimer's and diabetes can increase the risk of being involved in a serious or fatal New York car accident.

And a 2007 report by the Government Accountability Office found that drivers over the age of 75 were more likely than drivers of all other age groups to be involved in a fatal accident.

The NHTSA offers resources for senior drivers and families

Continue reading "Driving safety for senior citizens an increasing issue in reducing threat of New York car accidents" »

In a two-part series this week, the New York City injury lawyers at Queller, Fisher, Washor, Fuchs & Kool will take a look at accidents involving teenagers and older drivers. Both age groups are frequently in the news because of the increased risk that they will be involved in a serious or fatal accident.

The USA Today reports that nearly 90 percent of teenagers understand that distracted driving habits -- including cell phone use and text messaging while driving -- substantially increase their risk for an accident. They just don't listen!

The study by Seventeen Magazine is important; traffic accidents are the leading cause of death of teenagers ages 15 to 19, according to the National Highway Traffic Safety Administration. And more deaths are caused by distracted driving than any other driving behavior except speeding and drunk driving.

"Teens do continue to drive distracted even when they recognize the dangers," says William Van Tassel, manager of AAA's driver training programs. "Driving is the first real adult responsibility, but let's face it, they're still teens whose brains aren't fully developed."

The U.S. Department of Transportation is joining AAA and Seventeen Magazine in holding a competition that is soliciting public service messages from teenagers. The winner will be debuted at the National Two-Second Turnoff Day, scheduled for Sept. 17. The video will also be played at the national distracted driving summit in Washington, D.C. As our New York City accident attorneys reported last month, the summit will highlight the need for increased laws and enforcement efforts aimed at combating distracted driving.

Teens can enter the contest here. Watch the video to learn about Two-Second Turnoff Day.

"One in four teen drivers say they've texted behind the wheel, and that's a trend we've got to confront head on," said U.S. Transportation Secretary Ray LaHood. "This contest is an innovative and fun way to get teens involved in spreading the word about the importance of keeping their eyes on the road - and off their phones."

Teens are at high-risk for many types of accidents, according to the Insurance Institute for Highway Safety:

Passengers: 3,269
Pedestrian accidents: 318
Motorcycle accidents: 225
Bicycle accidents: 78
ATV accidents: 83

The federal government offers teen driving safety information for parents and teenagers, available here.

Continue reading "Teens at increased risk of New York car accidents caused by distracted driving" »

One person was killed and six others injured in a New York City taxi cab accident on Tuesday when a cab slammed into a bus shelter, CNN reported.

The incident occurred at about 11 a.m. in the Bronx when the limousine-style livery cab veered off the road while trying to avoid a van making an illegal u-turn. The cab jumped the curb and crashed through a metal-and-glass bus shelter in the borough's Kingsbridge section. At least six people were in the shelter at the time, waiting for the BX 9 Metropolitan Transit Authority Bus. Several people were pinned beneath the taxi and other debris, according to the Wall Street Journal.

Police report the blue Lincoln taxi was eastbound on West Kingsbridge when the driver of a van began making a U-turn in front of the taxi. In swerving to miss the van, the taxi apparently lost control and crashed through the shelter. At least seven people were taken to the hospital, including an elderly man who died en route to St. Barnabas.

Police report a woman lost her foot and a man was hospitalized in critical condition with a punctured lung. A 14-year-old girl also remained hospitalized with serious injuries. The driver of the van was issued a traffic citation and the investigation continues.

The presence of multiple victims and competing claims could complicate this case. A New York City injury lawyer will also have to determine who is responsible for the accident and the injuries. A personal injury or wrongful death lawsuit could be filed against the owner and driver of the van and/or the taxi cab company.

Continue reading "New York City taxi cab accident kills one, injures six after crashing into Bronx bus stop" »

Frequently, family and friends ask our New York City accident lawyers about what to do in the event of an accident. It's a good question; clients can often assist in protecting their rights by taking steps to document an accident, even if they don't think the documentation will ever be needed.

Sometimes, an accident victim does not realize the extent of an injury for days, or even weeks, after an accident. This can be particularly true of neck, back or head injuries. In other cases, damage to a vehicle that looks minor can actually result in a vehicle being declared a total loss, usually because of frame or other structural damage that is not visible to the naked eye. New York's $10,000 mandatory minimum for property damage insurance is a joke. Damage to a new vehicle can easily cost three times that amount, leaving an owner out-of-pocket, or filing a claim against their own insurance carrier, in the event that an at-fault driver does not pay the bill.

Knowing what to say and do in the event of an accident is critical. Here is some advice from MSN Money:

-Documentation: Print this blog out and keep it in your glove box with your insurance information. Also print out pre-printed forms available online or through your insurance agent, which allow you to document and/or sketch the scene. Also, put a disposable camera in your glove box to take pictures of the scene.

- Reporting: Remain at the scene until police have come and gone. Tell an officer your version of what happened and make sure it is included in the police report. Do not admit fault for the accident.

-Contact & Coverage Information: Exchange names, addresses, driver's license and insurance information with the driver of the other car. We also recommend getting the names and phone numbers of any witnesses involved.

-Policy Review: Review your policy for terms of coverage. Make a list of any questions that need answered. Do not rely on statements made by other motorists about the extent of insurance coverage available. Sometimes, a motorist will minimize the amount of insurance available, or even indicate a lack of insurance, to reduce the chances that a claim will be filed.

-Reporting: Report the incident promptly to your insurance company. In most cases, you are required to do so by the terms of your policy. But do not admit fault. And our New York City accident attorneys recommend you do not sign any statements or accept any payments from any insurance company, even your own, before consulting an attorney in cases where injury is involved.

Other considerations:

Accident Log: We encourage you to write down everything you can remember about the accident as soon as possible. This can include weather conditions, speeds, oncoming traffic, time of day, destination, travel route, exact times, etc. Any possible contributing factors should also be noted, including overgrown vegetation, missing or inoperable street lights, road conditions and actions of other drivers.

Medical Treatment: You should always accept offered medical treatment at the scene and should report any pain or discomfort you are experiencing. Minor injuries in the aftermath of an accident can be a sign of more serious medical problems. In other cases, a medical condition may take weeks or months to present itself. But seeking proper medical care after an accident is always a good idea.

Contact an Attorney: Insurance companies have attorneys paid to look after their own best interests -- even your own insurance company. We believe motorists are best served by contacting an attorney whenever they have been involved in an injury accident. An experienced attorney will know what to expect, and may be able to protect you from issues or consequences that never occurred to you. Seeking their advice only makes sense, especially when many reputable firms offer free consultations.

Continue reading "Knowing what to do after a New York City car accident can help protect your rights " »

The U.S. Department of Transportation has announced a National Distracted Driving Summit will be held in Washington, D.C. in September, as the federal government continues the push to get states to enact distracted driving laws.

Authorities believe fewer car accidents in New York and New Jersey are at least partly the result of distracted driving laws aimed at motorists who use cell phones to text message while behind the wheel.

Recently, the New York Times reported that a lobbyist organization had dropped plans to form a lobbying group of cell phone companies, mobile device makers and automobile manufacturers that would have fought state and federal laws aimed at preventing motorists from using cell phones or text messaging while driving.

New York and New Jersey are two of just eight states that have outlawed hand-held cell phone use while driving, according to the Governor's Highway Safety Association. The other states are California, Connecticut, Delaware, Maryland, Oregon, and Washington.

Thirty states have banned drivers from text messaging -- eleven of those laws have been passed this year. Twenty-eight states ban all cell phone use by novice drivers; 18 states forbid bus drivers from using a cell phone while carrying passengers.

The National Highway Traffic Safety Administration reports that 6,000 people a year are killed in car accidents caused by distracted driving and more than 500,000 are injured. Only drunk driving and speeding are blamed for more serious and fatal accidents.

However, the patchwork of state laws is leading to much confusion. For instance, travelers to the New York area are often ignorant of the law. And many large cities have separate laws banning cell phones that are otherwise legal in the rest of the state.

The federal government is encouraging all states to enact a text messaging ban for drivers and many expect the next move will be to link such bans to highway funding -- the same inducement used to bring states into uniform compliance when it comes to enforcement of drunk driving laws, speeding and seat belt use.

"Working together, we can put an end to the thousands of needless deaths and injuries caused by distracted driving each year," said Secretary LaHood. "By getting the best minds together, I believe we can figure out how to get people to put down their phones and pay attention to the road."

Continue reading "New York and New Jersey could see fewer car accidents with nationwide distracted driving law" »

The number of fatal New York City car accidents dropped last year as the overall number of traffic fatalities hit the lowest number ever recorded, the city's Department of Transportation reported.

While safety experts cite the economic downturn as being partly responsible for the drop, the city's figures are expected to mirror national figures that will be released in coming days by the National Highway Traffic Safety Administration.

A total of 256 traffic fatalities were reported in New York City during 2009, a 12 percent decline from 2008 and 35 percent fewer than in 2001.

"Even one traffic fatality is one too many, but our aggressive efforts to improve traffic safety have produced life-savings results - an all-time record low for fatalities in 2009," said Mayor Bloomberg. "While traffic deaths are down 35 percent from 2001 levels, we have more work do to, and we will continue pressing forward with better traffic engineering, stricter traffic enforcement and greater public awareness about traffic safety. Our goal is very simple: continue making our streets safer for everyone."

Fatal New York City pedestrian accidents increased to 155 from the 151 recorded in 2008. Pedestrian accident continue to concern safety advocates as they account for more than half of all traffic fatalities in the city. As we reported on our New York Injury Lawyer Blog, the city is creating a number of pedestrian plazas in an effort to reduce the risk to pedestrians.

New York City bicycle accidents declined dramatically, from 26 in 2008 to 12 in 2009. Expansion of the city's biking infrastructure, which has doubled bike-lane miles to more than 225, is being cited as the primary factor. The reduction in fatal bicycle accidents is a significant accomplishment. The twelve fatalities is one fewer than the 13 recorded in 2001 and the city has tripled the number of cyclists on its streets in the last decade.

Continue reading "New York City pedestrian accidents rise as number of fatal car accidents reach record lows " »

While the federal government is gearing up to release data showing traffic fatalities have reached record lows in many parts of the country, the Governors Highway Safety Association reports this month that serious and fatal car accidents caused by distracted driving have reached all-time highs.

Our New York City car accident lawyers frequently report the dangers associated with distracted driving. As we reported in June on our New York Injury Lawyer Blog, city police continue to crack down on motorists who use cell phones while driving. And studies continue to show that teen drivers are at high risk, particularly when it comes to the dangers of text messaging while behind the wheel.

Among the statistics in the new report:

-The number of drivers using hand-held phones at any given time has increased by 50 percent in the last decade.

-One-third of all drivers feel less safe today than they did five years ago.

-Distracted driving leads to 6,000 fatal accidents and more than 500,000 injuries each year.

-One-third of states do not collect information regarding distracted driving at the scene of an accident.

-While the number of fatal crashes has decreased nationwide, from 42,836 in 2004 to 37,261 in 2008, the number of fatalities caused by distracted driving has increased by about 20 percent, from 4,978 in 2004 to 5,870 in 2008.

-Drivers under the age of 20 are 50 percent more likely to drive distracted.

Aside from using a cell phone or text messaging while driving, other forms of driver distraction include dealing with children in the car, eating, drinking, smoking, talking to passengers, reading, grooming, dressing, applying makeup or utilizing in-car electronics like GPS devices or Mp3 players.

Teens continue to be at the greatest risk. As our New York child injury lawyers recently reported, speaking with your teenagers about driving dangers is critical to teaching safe driving behavior.

-Only 10 percent of young drivers believe having other teen passengers in the car makes a difference in their risk for an accident (one young passenger doubles a teen's risk; more than one young passenger increases a teen's risk by fivefold).

-Only 28 percent believe talking on the phone makes a difference to driving safety (drivers who use cell phones are four times more likely to be involved in an accident).

-79 percent recognize the dangers of text messaging while driving and only 19 percent say friends text and drive (yet drivers under the age of 20 are at the highest risk of being involved in an accident as a result of a young driver who was text messaging).

Continue reading "Distracted driving continues to be a leading risk factor for New York City car accidents" »

The New York City injury lawyers and the staff at Queller, Fisher, Washor Fuchs and Kool wish each of you a safe and enjoyable Fourth of July. Please celebrate responsibly, don't drink and drive, practice safe boating and leave the fireworks to the professionals.

The Wall Street Journal reports that nearly 18 percent more drivers are expected to hit the roads during the upcoming holiday weekend, according to AAA estimates. That means more than 32 million motorists will be on the road over the long holiday weekend. While New Year's gets most of the attention when it comes to drunk driving and the risk of traffic accidents, Thanksgiving and the Fourth of July have been the deadliest holidays on the nation's roads in recent years, according to the National Highway Traffic Safety Administration.

And Fourth of July brings with it the greatest holiday risk for a New York car accident.


Fatal holiday accidents in New York during 2008:

New Years: 3

Memorial Day: 20

Fourth of July: 21

Labor Day: 12

Thanksgiving: 16

Christmas: 10

Not surprisingly, New York fireworks accidents are most likely to occur around the Fourth of July. Fireworks cause a large number of serious injuries each year. In 2006, 11 people were killed and more than 9,200 were treated in emergency rooms for fireworks-related injuries, according to the Centers for Disease Control and Prevention.

More than two-thirds of all fireworks injuries occur during Fourth of July celebrations. One-third of accidents involve children under 15 and nearly half involve young people under the age of 20.

Fireworks injuries most frequently involve the hands, eyes, and head, face and ears. Blindness, third-degree burns, permanent scarring and home and vehicle fires are common dangers. Firecrackers cause the greatest number of injuries, followed by sparklers and rockets.

The most frequent causes of fireworks accidents include high-grade fireworks sold to consumers, being too close to fireworks, operator error, child curiosity and experimentation with homemade devices.

If you are injured by fireworks, either on someone else's property or during a fireworks show, consulting a New York City injury attorney could help protect your rights.

Continue reading "New York City injury attorneys wish you a safe and enjoyable Fourth of July" »

Police are expected to issue thousands of tickets to drivers using cell phones in an enforcement effort aimed at reducing the number of New York City car accidents caused by distracted driving.

The NYPD will begin a 24-hour crackdown on Tuesday. Drivers caught using handheld phones in a moving vehicle will face a $130 fine, NY1 reported. A similar enforcement effort in March resulted in nearly 7,000 motorists being issued tickets.

Using a hand-held cell phone is illegal in the State of New York.

Officials report that more than 600 summonses were issued every day in 2009 to drivers using cell phones.

As we reported last week on our New York Injury Lawyer Blog, more than 6,000 people a year are killed and 600,000 injured in car accidents caused by distracted driving. The National Highway Traffic Safety Administration reports teens are among the most at risk, particularly for text messaging. Nationwide, traffic accidents are the leading cause of death for young people ages 15 to 20.

U.S. Transportation Ray LaHood recently cited the case of an Upstate New York college student who died in a rollover crash blamed on her text messaging while behind the wheel. "Crashes caused by distracted drivers are 100 percent preventable," LaHood said. "It's all about the choices we make when we get behind the wheel."

Our New York City injury lawyers urge you to spend some time at the government's distracted driving website and to talk to your teenagers about the dangers of distracted driving.

Other forms of distracted driving include:

-Eating and drinking

-Grooming or applying makeup

-Talking to passengers

-Reading, including maps

-Using a PDA or navigation system

-Watching a video

-Changing the station or using other on-board electronics

Continue reading "Police cracking down on cell phone use in effort aimed at preventing New York City car accidents" »

A primary care physician and Harvard professor is encouraging doctors to discuss the dangers of distracted driving with their patients, right along with the health risks associated with smoking and other unhealthy practices, the New York Times reported.

Distracted driving is a leading cause of New York City car accidents. Nationwide, an estimated 6,000 people are killed and more than 600,000 are injured each year in car accidents caused by distracted driving, according to the National Highway Traffic Safety Administration. Studies continue to show teens are at increased risk of car accidents and are most likely to be involved in an accident as a result of cell phone use or text messaging while driving.

"This is such an easy way to keep people healthy -- it's prevention, and it's such low-lying fruit," Dr. Amy Ship writes in the New England Journal of Medicine. She told the Times: "As physicians, we have an opportunity to counsel patients. It's an enormous power, and we should take advantage of it."

Ship also points to a public service announcement aimed at teenagers, which is currently running on British television. While the U.S. government has launched a website, Distraction.gov, we certainly have nothing on the Brits when it comes to getting our teenager's attention. Our New York City injury lawyers encourage parents to watch this video with their teen drivers and to open a dialogue about the importance of safe driving as school lets out and the long summer vacation season begins.

Motor vehicle accidents are the leading cause of death for young people ages 15 to 20. In 2008, a total of 5,864 young drivers were involved in fatal accidents. In New York, 181 people were killed in accidents involving teenage drivers.

A study of distracted driving by the National Safety Council found:

- Distracted Driving joins alcohol and speeding as the leading causes of serious and fatal traffic accidents.

- 28 percent of all crashes were attributed to cell-phone use in 2008, resulting in 1.6 million crashes and 645,000 injuries. Drivers using a cell phone are four times more likely to be involved in an accident.

- 11 percent of drivers are using a cell phone at any given point in time. Eighty-one percent of drivers admit to talking on the phone while behind the wheel.

- 18 percent of drivers admit to texting while driving, led by Gen Y (39 percent) and teenagers (36 percent).

Continue reading "Distracted driving becoming a medical issue; teens at high risk for New York car accidents this summer" »

Interstate 95 in New York and New Jersey has been named among the nation's deadliest stretches of road. The New York car accident attorneys at Queller Fisher remind motorists that summer is the most dangerous time on our roads. We encourage you to practice safe driving habits and to speak with your teen drivers about the dangers of distracted driving, speeding, drunk driving and other causes of serious and fatal traffic accidents.

New York car accidents claimed 1,231 lives in 2008, according to the National Highway Traffic Safety Administration. New Jersey car accidents killed 590 motorists. Road Safe America has dubbed the summer months the "100 Deadliest Days" as the majority of serious and fatal accidents occur in June, July and August. In the last five years, summer car accidents have killed 50,765 motorists.

Some roads really are more dangerous than others, whether because of congestion, poor maintenance, faulty design, obstructed views or roadside distractions. An experienced New York City injury lawyer can review the causes of your accident and help determine whether a defective road or other factors contributed to your accident in addition to the actions of an at-fault driver.

The Daily Beast used government accident statistics from 2004 to 2008 -- the last five years of available accident data -- to determine the nation's 100 deadliest roads. The number of fatal accidents was divided by the miles of highway within a state, to arrive at the per-mile fatal accident rate.

The Nation's Top 5 Deadliest Roads:


1) I-95 in Florida: 382 miles/662 fatal accidents/765 fatalities/1.73 per mile.
2) I-76 in New Jersey: 3 miles/5 fatal accidents/6 fatalities/1.64 per mile.
3) I-4 in Florida: 132 miles/209 fatal accidents/234 fatalities/1.58 per mile.
4) I-15 in California: 287 miles/437 fatal accidents/506 fatalities/1.52 per mile.
5) I-10 in California: 243 miles/341 fatal accidents/387 fatalities/1.41 per mile.

Other Deadly roads in New York and New Jersey:

19) I-95 in New Jersey: 98 miles of road/103 fatal accidents/117 fatalities/1.05 per mile.
20) I-80 in New Jersey: 68 miles of road/72 fatal accidents/78 fatalities/1.05 per mile.
30) I-78 in New Jersey: 68 miles of road/58 fatal accidents/67 fatalities/.86 per mile.
36) I-95 in New York: 24 miles of road/19 fatal accidents/24 fatalities/.81 per mile.

Continue reading "Interstate 95 among the nation's deadliest roads; New Jersey and New York car accidents a summer danger" »

When it comes to fatal holiday traffic accidents, New Year's gets a bad rap. Nationwide, the trio of summer holidays -- Memorial Day, Fourth of July and Labor Day -- are among the most deadly and the next six weeks contain the two deadliest holiday weekends of the year for New York car accidents.

Twenty people were killed in New York traffic accidents over the Memorial Day weekend in 2008, the last year for which traffic statistics are available through the National Highway Traffic Safety Administration. Twenty-one were killed in New York accidents over the Fourth of July. Those 41 traffic deaths equal the 41 total New York traffic deaths that occurred for New Year's Eve, New Year's Day, Labor Day, Thanksgiving and Christmas.

In response, law enforcement across Central New York have launched a "Click it or Ticket" seat belt enforcement campaign and police across the state are expected to be out in force through the holiday weekend. The effort is already underway in Syracuse, where at least four to eight patrols a day will be dedicated to traffic safety and seat belt enforcement, The Post-Standard reported.

Last year, the effort involved 600 police agencies, according to New York State Police. Trooper issued 22,059 tickets for seat belt violations and conducted 137 safety checkpoints across New York State during 2009's two-week blitz.

New York drunk driving accidents are a primary concern for law enforcement during holiday weekends. In 2008, about one-third of all fatal New York traffic accidents were alcohol related, accounting for 410 of the state's 1,231 traffic fatalities.

Distracted driving and the use of cell phones behind the wheel is another concern. As we reported last month on our New York Injury Lawyer Blog, New York is one of two states participating in a pilot program that targets distracted driving. The federal government estimates that about 6,000 people are killed each year and more than 500,000 are injured in traffic accidents involving a distracted driver.

Fatal New York Holiday crashes in 2008

New Year's Eve/Day: 3

Memorial Day: 20

Fourth of July: 21

Labor Day: 12

Thanksgiving: 16

Christmas: 10

Holiday accidents nationwide:

New Year's Eve/Day: 141

Memorial Day: 370

Fourth of July: 437

Labor Day: 423

Thanksgiving: 439

Christmas: 364

Continue reading "Memorial Day weekend a dangerous holiday for New York car accidents" »

Most of us pay our car insurance with the expectation that the necessary benefits will be there if we are seriously injured or killed in a New York City car accident. However, consulting with an experienced personal injury or wrongful death attorney is often the best course of action to protect your rights and the financial well-being of you and your family.

Insurance companies are in business to make money. Unfortunately, this too often comes at the expense of acting in the best interests of consumers and customers. The New York State Department of Insurance reported Monday that $32 million was recovered last year on behalf of consumers.

While about $5 million was related to insurance fraud, a substantial number of cases involved insurance companies that acted unfairly or otherwise violated the rules and regulations governing the sale of insurance and settlement of claims in New York.

-Insurance investigators forced companies to reinstate 116,000 insurance policies, which had been either canceled or not renewed in violation of the law.

-A total of 394 disciplinary actions were taken against insurance agents and brokers for violating laws, including those in place to protect consumers. In all, 39 insurance licenses were surrendered and 53 were revoked.

-More than $1.2 million in fines were collected from insurance companies and agents.

Dealing with the aftermath of a serious or fatal car accident is stressful enough. Consumers shouldn't face the added burden of dealing with an uncooperative insurance company. An experienced attorney may be in the best position to protect your legal rights and to ensure that you and your family are being treated with the fairness and respect you deserve.

Continue reading "New York City car accident lawyers best able to handle claims against insurance companies" »

Washington lawmakers are unveiling new legislation aimed at regulating auto safety in an effort to reduce serious and fatal traffic accidents caused by defective vehicles, the New York Times reported.

The effort comes in the wake of the worldwide recall of more than 9 million Toyotas for a number of defects, including problems associated with sticking gas pedals. The company agreed last month to pay a record $16.375 million fine levied by the National Highway Traffic Safety Administration.

It is the first serious look at auto safety undertaken by Congress since the deadly accidents involving Firestone tires and the Ford Explorer a decade ago. The Senate's version would also restrict ties between auto companies and staff members of the National Highway Traffic Safety Administration; one of the challenges of such safety organizations is those empowered with oversight are frequently former industry executives or are recruited or promised lucrative positions by industry insiders once they conclude their government service. Such cozy relationships have become a concern in other area of governments, including the Environmental Protection Agency.

"Recent Toyota recalls showed an urgent need to update safety standards to reflect modern vehicle technology and give auto safety regulators the stronger tools and resources they need to protect the public," said Sen. John D. Rockefeller IV (D-WV), who introduced the bill. "We can do better by the American people."

The Motor Vehicle Safety Act of 2010 would require automobiles to be able to stop within a certain distance, even with an open throttle. Safety advocates have been lobbying for such a requirement for years. One means of accomplishing that goal would be for automakers to install brake override systems, although the proposed law does not specifically require them. Instead, the measure would require the NHTSA to create a rule requiring a minimum distance between accelerator and brake pedals and the vehicle floor and would require safety standards governing electronic vehicle controls.

The safety agency would also establish standards for keyless ignition standards, which have become increasingly popular. The rules would be aimed at creating uniformed steps for a driver to control a vehicle in the event of an emergency. And automakers would be required to install data records, similar to "black boxes" on airlines, which would record crucial accident data for testing and investigation.

Lastly, the bill would increase the civil penalties for automakers by 500 percent -- from $5,000 a vehicle to $25,000 per vehicle -- and remove the cap on penalties for manufacturers that fail to report vehicle defects or that provide misleading information. The $16 million fine levied against Toyota was the largest allowed by law, despite the fact that the government contends the company intentionally hid the safety defects from regulators and consumers for months before the recalls were announced amid a flurry of serious and fatal accidents.

Continue reading "Lawmakers take aim at auto safety; target car accidents caused by defective vehicles" »