New York Injury Lawyer Blog

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" »

New York and New Jersey are among the nation's leaders in enacting laws to prevent traffic accidents.

The New York City car accident lawyers and the New York wrongful death attorneys at Queller, Fisher, Washor, Fuchs & Kool represent clients who have been seriously injured or killed in a car accident. The New York injury lawyer blog reported in November when the state banned text messaging in an effort to reduce New York car accidents.

New Jersey placed 2nd and New York 4th in the report by Advocates for Highway & Auto Safety, which graded all 50 states and the District of Columbia. The group's primary focus is on three areas: banning text messaging, graduated driver licensing and ignition-interlock laws for drunk driving offenders.

Every day, 102 people are killed and more than 6,000 injured in traffic collisions, according to the report. On average, 5.8 million traffic crashes occur on the nation's roads each year, claiming 30,000 lives and injuring over 2 million motorists.

New Jersey finished behind the District of Columbia with 13 of 15 possible points. Illinois (12.5) was followed by New York (11) and North Carolina (11) rounded out the top five.

The worst states were South Dakota, Arizona, North Dakota, Wyoming, Virgina, Vermont, Pennsylvania, Ohio and Nebraska.

Nationally, the National Highway Traffic Safety Administration announced last week that it is creating the first national nonprofit organization, FocusDriven, devoted specifically to raising awareness about distracted driving.

Continue reading "New York, New Jersey lead nation in laws aimed at preventing car accidents" »

Federal, state and local authorities have launched the "Over the Limit. Under Arrest" campaign, a multi-million media campaign supported by an increase in sobriety checkpoints and other enforcement efforts to reduce drunk driving through the holidays.

The New York City car accident lawyers and drunk driving accident attorneys at Queller, Fisher, Washor, Fuchs & Kool urge motorists to keep safety in mind and celebrate responsibly.

Nationwide, almost one-third of fatal traffic accidents involve a drunk driver. Of the 27,261 people killed in traffic accidents last year, 11,773 fatal traffic accidents involved a drunk driver, according to the National Highway Traffic Safety Administration.

In New York, 341 of the 1,231 traffic deaths last year involved a drunk driver. That is down from 2007, whent 377 drunk drivers were involved in 1,332 fatal crashes in New York.

"Drunk driving is a major public safety threat that still claims thousands of lives every year," U.S. Transportation Secretary Ray LaHood said. "Many states continue to step up their efforts to get drunk drivers off our roads, but the numbers tell us we have to do more. Drinking and driving is dangerous and unacceptable, and I'm asking law enforcement to stay vigilant during this busy holiday season."

According to the NHTSA data, five states have shown reductions in alcohol-impaired driving fatality rates from 2007 to 2008. Those include Vermont, Wisconsin, Maine, Nebraska and Minnesota.

The states with the least progress are Idaho, Rhode Island, Wyoming, Kansas and New Hampshire.

While New York saw a reduction in both fatalities and alcohol related traffic deaths, its 10.7 percent decrease in the overall drunk-driving-fatality rate ranked it 28th of 50 states.

Driving with a blood alcohol level of .08 or higher is illegal in all 50 states and the District of Columbia. However, authorities will also be looking for drivers under the influence of drugs.

"Like alcohol, drugs impair perception, judgment, motor skills and memory. These effects can be dangerously magnified when drugs are consumed with alcohol, even in cases where a driver's blood alcohol level is below legal limits," said R. Gil Kerlikowske, Director of the White House Office of National Drug Control Policy. "Driving while impaired, from alcohol, drugs, or both, puts us all at risk and must be prevented."

In addition to the increased danger of a drunk driving accident during the holidays, federal research has consistently shown an increase in fatal alcohol-related traffic accidents at night, particularly on the weekend.

"My message to drivers is this: if you decide to drink, find a safe and sober ride home or your chances of arrest are extremely high," said Secretary LaHood. "Law enforcement officers will be out in full force during the upcoming holiday, especially at night and on the weekends, looking for the drunk drivers that put the rest of us at risk."

Mothers Against Drunk Driving's Tie One On for Safety campaign joins the call for responsible celebration during the month of December, which is National Drunk Driving Prevention Month.

The campaign encourages motorists to tie a red ribbon on their antenna or display a window decal as a pledge to drive safe, sober and buckled up during the holidays.

MADD encourages the following safety tips:

-Designate a sober driver before celebrations begin.
-Never serve alcohol to those under the age of 21.
-Plan safe parties, including providing non-alcoholic drink options to guests; don't serve alcohol during the last your of a gathering.
-Be prepared to get everyone home safe in case your plans or individual circumstances change.

Continue reading "Campaign to prevent holiday drunk driving accidents begins in New York City and across the nation" »

New York signaled the start of the holiday driving season by signing into law one of the nation's toughest pieces of anti-drunk driving legislation.

The new law, signed the day before Thanksgiving, makes it a felony to drive intoxicated with a child in the car and requiring all first-time DUI offenders to install interlock devices that will prevent them from operating a motor vehicle while intoxicated.

The New York City car accident lawyers and drunk driving accident attorneys at Queller, Fisher, Washor, Fuchs & Kool urge everyone to enjoy the holidays responsibly and designate a driver. Each year, Mothers Against Drunk Driving estimates more than 1,000 people die between Thanksgiving and New Year's in drunk driving crashes.

Nationwide, as many as 1 in 3 fatal crashes is caused by a drunk driver, according to the National Highway Traffic Safety Administration.

New York joins Arizona as the only states to allow drivers to be charged with a felony for driving while intoxicated with a child passenger, according to The New York Times. The state is now one of a dozen to install ignition interlocks on the cars of first-time offenders, which test a driver's breath for alcohol before allowing the vehicle to start.

"Too often drivers under the influence of alcohol or drugs chose to compromise not only their own lives, but also the lives of our children. Today we say enough," Gov. Paterson said in signing the law.The state Senate passed the bill on a 58-0 vote Wednesday afternoon, and it was passed in the state Assembly on Tuesday.

Mothers Against Drunk Driving hailed state lawmakers' passage of the legislation.

"New York's child endangerment, interlock, and self-sufficiency laws make it the model for the nation," said Chuck Hurley, CEO of MADD National.

MADD reports 341 people died in drunk driving related crashes in New York last year and more than 4,000 people in New York have been killed in drunk driving crashes during the past decade.

Under the measure, drivers convicted of being drunk while carrying passengers 15 years or younger could face up to four years in prison. Courts in New York convicted 37,695 people for drunken driving last year, and across the country people who drink and drive kill about 13,000 people a year.

Figures collected in 2007 by the Insurance Institute for Highway Safety, found 146,000 ignition interlocks were in use in the United States, even though 1.4 million people were convicted of drunken driving.

Continue reading "New York passes one of the toughest DUI laws in the nation in effort to reduce drunk driving accidents" »

You are about to be bombarded with safe driving commercials, newspaper articles, posters and other public-service messages just in time for the holidays.

And with good reason: Thanksgiving is the busiest travel holiday of the year, winter weather and holiday shopping are upon us and November and December have traditionally been two of the deadliest months of the year for travelers nationwide.

Thanksgiving, Christmas and New Year's present a trio of holidays in which drunk driving reaches a deadly peak each year and law enforcement in New York and across the country will roll out a publicity blitz followed by heavy enforcement, according to the National Highway Traffic Safety Administration.

The New York City car accident lawyers and the drunk driving accident attorneys at Queller, Fisher, Washor, Fuchs & Kool, urge motorists to take a moment with loved ones -- particularly with young, inexperienced drivers and older relatives -- to review safe driving and winter driving habits in preparation for the upcoming holiday season.

Click here for New York's safe-driving information page.

AAA estimates more than 40 million Americans will travel 50 miles or more for the Thanksgiving Holiday.

In New York State, 256,901 accident were reported in 2008, claiming 1,160 lives and injuring more than 120,000, according to the New York State Department of Motor Vehicles. In New York City, 278 people were killed and more than 42,000 injured, accounting for one-third of all injuries and a quarter of all deaths statewide.

Top 5 causes of fatal New York accidents in 2008:
Speed (368 fatal accidents)
Drunk driving (156 fatal accidents)
Failure to yield (150 fatal accidents)
Pedestrian/Bicyclist error (124 fatal accidents)
Driver inattention (118 fatal accidents)

Nationwide, fatal accidents declined 9.7 percent last year to 37,261 and more than 90 percent of the reduction was attributed to fewer passenger car fatalities.

Continue reading "Authorities aim to prevent New York car accidents, drunk driving accidents, holiday hazards" »

Officials are reviewing the process of testing drivers following drunk driving accidents.

The New York City drunk driving accident lawyers at Queller, Fisher, Washor, Fuchs & Kool are following the issue; proof that a driver was drunk when he or she caused an accident can be important evidence when seeking civil damages for injuries or death caused by a drunk driver.

Yet the process for testing suspected drunk drivers varies by borough, according to a report by the Associated Press.

In general, drivers may refuse a breath test at the scene and again at the precinct before a warrant is issued and blood is drawn for a blood alcohol test. Critics contend the lag time gives drivers an opportunity to sober up before testing is administered.

The review was announced by Police Commissioner Raymond Kelly this week after two off-duty police officers refused breath tests in separate drunk driving cases in which New York City pedestrians were killed.

In both cases, the accused drivers were not tested until hours later at the hospital, according to CBS2.

In one case, the tests showed no presence of alcohol; results are pending in the other case. Both accused drivers have been charged with manslaughter.

In addition to criminal charges, drivers who cause drunk driving accidents can be held financially responsible to accident victims through a civil claim brought by a New York City drunk driving accident attorney.

Continue reading "Authorities reviewing DUI testing procedures for New York City drunk driving accidents" »