New York Injury Lawyer Blog

The most comprehensive study ever conducted of New York City pedestrian accidents will lead to public service announcements and safety improvements at hundreds of intersections throughout the city, the New York Times reported.

As we reported earlier this year on our New York Injury Lawyer Blog, fatal pedestrian accidents actually increased last year --- from 151 to 155 -- despite the city recording the best year for traffic safety since 1910.

Pedestrians in Manhattan are at four-times greater risk of an accident than pedestrians in the other four boroughs.

Pedestrian accidents accounted for more than half of the city's 256 traffic fatalities.

The report was released this week by the NYC Department of Transportation. The Pedestrian Safety Study & Action Plan is the result of a review of more than 7,000 accident reports involving pedestrians within the city.

"We've made historic gains in reducing traffic fatalities, and this year we are seeing pedestrians fatalities decline again," said Mayor Bloomberg. "But we still see too many families devastated by traffic accidents."

The city plans to install pedestrian countdown signals at 1,500 intersections beginning next month. A full list of intersections is available by clicking here.

Speeding, failure to yield and driver distraction were the primary causes of serious and fatal pedestrian accidents.

Findings of the study include:

-Last year was the safest on record in New York City -- traffic fatalities have declined 35 percent since 2001.

-Pedestrians are 10 times more likely to die in a crash than a motorist.

-Pedestrian accidents have been responsible for 52 percent of the city's traffic fatalities in the last five years.

-Driver distraction was linked to more than one-third of pedestrian accidents.

-Failure to yield was cited in a quarter of all pedestrian accidents.

-Accidents involving speeders are twice as likely to be fatal.

-80 percent of at fault drivers were males.

-79 percent of vehicles involved in pedestrian accidents were private vehicles -- only about 20 percent involved taxi cabs or other commercial vehicles.

In addition to the countdown signals, some 60 miles of streets will undergo re-engineering to increase pedestrian safety. Twenty intersections will be reworked. And a public campaign will be launched to remind motorists that the default speed limit in New York City is 30 mph.

"Today, we're continuing to deliver on our promise to make the safety of pedestrians and bicyclists paramount," said Council Member Vincent J. Gentile. "Today, we have a comprehensive report on the dangers that threaten pedestrians and bicyclists and a set of solutions to safeguard the public."

Here you can download a map of planned improvements.

Continue reading "Comprehensive plan announced to combat the dangers of New York City pedestrian accidents" »

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 " »

A sheet of glass measuring 25 feet by 90 feet plummeted from the 52nd floor of a high rise on Sunday, before crashing through a glass atrium, the Associated Press reported.

A New York City premise liability claim can result when building materials or other debris injures passing pedestrians. In this case, officials say the sheet of glass fell from a building at 117 East 57th Street, shortly after 4:30 p.m. on Sunday.

FOX 11 reported that the sheet of glass dislodged from a balcony before dropping more than 50 stories. The Huffington Post reported that the accident happened at the Galleria Condominiums; the glass dislodged from an apartment directly below magician David Copperfield's condo. It is the same building where Eric Clapton's 4-year-old son died after falling out of a 53rd floor window in 1991.

It is the second time in recent months that falling glass has endangered pedestrians on the ground. As our New York City Injury lawyers reported in March, a dozen people were injured at the Sony Building when snow and ice crashed through a glass atrium, showering glass and other debris on a gathering that included actors from "Sex and the City" and "Jersey Shore."

In January, NBC News reported that high winds were blamed for falling debris from a 72-story building under construction. Falling debris has also been reported at the New York Times new skyscraper on a number of occasions.

Continue reading "Falling debris can lead to New York City pedestrian accident, work accident, premise liability claims" »

Spring is a time to renew our commitment to watching out for bicyclists and pedestrians. The city's expanded cycling program has nearly doubled the number of bicycles on the road. And bicycle and pedestrian accidents in New York City claim an average of 200 lives a year.

The New York City Department of Transportation reports cycling has increased by more than 66 percent over the past two years as the city has worked to expand its cycling infrastructure and reduce congestion.

Last year's improvements included 30 miles of new bike trails, representing completion of the 3-year plan to build 200 bike-lane miles across all five boroughs. The project expands the city's cycling infrastructure to a total of 620 lane miles and more than 8,700 bicycle racks.

Additionally, a new law requires commercial building owners to provide cyclists with secure parking in or near their workplaces.

Staying safe requires a partnership among motorists, cyclists and pedestrians. A total of 23 people were killed in New York City bicycle accidents in 2008, according to the New York City Department of Health.

Rules of the Road:
-Cyclists must obey all traffic lights and signals
-Cyclists should yield to pedestrians
-Bicycles are not permitted to be ridden on the sidewalk
-Cyclists must ride with the direction of traffic
-Use lights at night; white front lights, red tail lights and a bell are required by law
-Wear a helmet
-Avoid being caught on the inside of a turning car
-Stay visible and do not weave in and out of traffic
-Look, signal and look again
-Watch for opening car doors

Continue reading "New York City bicycle accidents likely to rise with increased use of expanded bike trails" »

The city is looking to expand its Pedestrian Plaza program across the five boroughs, with the hopes of creating a more pedestrian friendly environment while reducing the numbers of serious and fatal New York City pedestrian accidents.

A total of 171 people were killed in New York City pedestrian accidents in 2009, according to the New York City Department of Health.

The Department of Transportation is asking non-profit organizations to submit proposals for smaller versions of the plazas now in place in Times Square and Herald Square. The city wants to create vibrant public pedestrian space in underused streets across the five boroughs.

As reported in February on our New York Injury Lawyer blog, city officials made the closures in Times and Herald squares permanent after an eight-month trial period.

While critics have contended the street closures add to congestion, city officials are promising not to select ideas that will add to the gridlock. Winning organizations will be responsible for maintenance, design, programming, funding and outreach for the spaces.

The city is running a separate contest for artists and designers to submit ideas to spruce up the existing plazas; winners will be awarded $15,000 and must oversee the implementation of winning designs.

More information is available by clicking here.

Continue reading "Expanding plaza program to increase greenspace, reduce New York City pedestrian accidents " »

More than 1,500 people died accidental deaths in New York City during 2008, according to the Summary of Vital Statistics, recently released by New York City's Department of Health and Mental Hygiene and reported by The New York Times.

Infant deaths: New York City's infant mortality rate was 5.5 infant deaths per 1,000 live births -- down 20 percent from the 6,9 per 1,000 births recorded in 1999.

Surgical or medical error: 59 deaths were reported as a result of complications of surgical or medical care.

Work accidents: 90 people died as a result of occupational injuries, including:
- 10 in transportation accidents
- 26 as a result of violence in the workplace
- 29 in falls
- 31 work fatalities were attributed to construction accidents
- 3 fatal taxicab accidents
-2 deaths involving police or fire protection

A total of 1,651 deaths were classified as accidents and included:
- 299 deaths involving traffic accidents
- 171 pedestrian deaths
- 23 deaths involving bicyclists
- 14 deaths involving railway or subway accidents
- 388 deaths involving fatal falls
- 8 drowning deaths

Subtitled "The Conquest of Pestilence in New York City," the reported noted accidental deaths have declined by 8.8 percent in the last decade. But the rate of accidental deaths has not declined nearly as fast as other deaths, including homicide, which declined 17.5 percent during the same period.

Continue reading "More than 1,500 accidental deaths recorded in New York City during 2008" »

An employee of the mayor's office was declared brain-dead over the weekend after being struck in a hit-and-run New York City pedestrian accident while crossing Flatbush Avenue in Brooklyn.

The New York City hit-and-run accident has made news nationwide, with the New York Daily News and the L.A. Times reporting that the woman pushed her former roommate out of the way, before being critically injured.

A northbound car struck the two women about 4:30 a.m. Sunday, near the intersection of Prospect Place and Prospect Heights, according to The New York Times. Emergency crews found the women lying in the street.

The 22-year-old woman, a coordinator for the mayor's volunteerism initiative, was pronounced brain-dead on Sunday at Kings County Hospital Center. The other victim, a 23-year-old woman, was hospitalized in stable condition.

Police believe they found the car involved in the accident, a green 1993 Acura Legend abandoned about five blocks away with a smashed windshield. Detectives continue to investigate but no arrests had been made as of late Sunday night.

The woman began work in June 2009 as a coordinator for NYC Service, promoting Mayor Bloomberg's volunteerism initiative. The mayor spoke to the victim's parents and urged the public to report any tips about the accident to authorities.

"I told them that as a father I can't begin to imagine what they are going through, but all of our prayers are with their dedicated and idealistic young daughter," Mr. Bloomberg said.

Workers near the area said speeding drivers are a frequent danger. Others said normally heavy traffic in the area tends to speed up at night, especially on the weekend.

City officials are moving forward with a plan to keep Broadway permanently closed to traffic in Herald Square and Times Square. The announcement will leave in place the pedestrian plazas created last year to improve traffic flow and reduce New York City pedestrian accidents and other traffic accidents.

"After an exhaustive review that showed positive results in all aspects, and overwhelming improvement in many areas, we've decided to make this groundbreaking pilot project permanent," said Mayor Bloomberg.

While the eight-month closure had caused headaches for some drivers, the closure has received positive reviews from tourists and pedestrians, the New York Post reported.

The city's Department of Transportation reported "greatly enhanced safety" and a reduction in the risk of car accidents at two of the city's most accident-prone intersections. However, an increased risk of New York City taxi cab accidents is possible, after the city found taxi speeds have increased 7 percent in Midtown since the closures.

GPS data from 1.1 million taxi cab trips found a 7 percent increase in overall speeds, including a 17 percent increase in northbound travel speeds.

But safety at Times Square and Herald Square improved dramatically, according to city figures. The closures resulted in a 63 percent reduction in New York City car accidents at both locations and a 35 percent reduction in pedestrian injuries.

A survey found that three-quarters of New Yorkers favored making the closures permanent, while about 7 in 10 retail managers also favored the move.

"Surveys indicate clear support among New Yorkers and local businesses for the project, and the increased foot traffic has been good for business," Bloomberg said. "The bottom line is overall traffic in Midtown has improved and New Yorkers and city businesses are benefiting from a Times and Herald Square that are safer, more exciting destinations."

Continue reading "Square closures reduce New York City pedestrian accidents, car accidents" »

New York City pedestrian accidents increased last year, even as overall traffic accidents declined, The New York Times reported.

The 256 New York City traffic fatalities were an all-time low, according to Mayor Michael Bloomberg -- a record dating to 1910 when deaths by streetcar and carriage-horse were included in the city's traffic deaths.

Overall traffic deaths were down 12 percent compared to 2008 and were 35 percent lower than the beginning of the decade. However, 155 New York City pedestrians were struck and killed by cars last year, up from 151 deaths in 2008.

New York City bicycle accidents claimed 12 lives last year, down more than half from the 26 bicyclists killed in 2008.

A total of 61 drivers and passengers were killed in New York City car accidents in 2009, down 20 percent from 2008, according to a report issued by the city's Department of Transportation.

"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," Bloomberg said in a statement. "Our goal is very simple: continue making our streets safer for everyone."

Continue reading "New York City pedestrian accidents on the rise, car accidents, bicycle accidents decline" »

An increase of more than 3 million travelers is expected this holiday season, according to a CNN report of a survey taken by the American Automobile Association.

The New York City car accident lawyers at Queller, Fisher, Washor, Fuchs & Kool urge motorists to allow plenty of time for weather and heavy traffic, especially when traveling in an unfamiliar area.

Earlier this month, we posted tips for safe winter driving on our New York Injury Lawyer blog.

Also, keep in mind that vehicles involved in New York City pedestrian accidents and bicycle accidents are responsible for a substantial number of traffic fatalities within the city.

Holiday travel is expected to jump 3.8% compared to last year, an increase of more than 3 million travelers compared to the 2008 season, AAA said.

Experts pin the increase in travel on an improving economy and a strong desire by many to put economic worries behind them, if only for a few days with friends and family.

"High unemployment and reduced discretionary income will continue to keep some would-be travelers at home, but this year many consumers appear to be focused on controlling costs rather than scrapping trips," said the AAA, in its report.

A total of 87.7 million Americans are expected to travel at least 50 miles from home during the 12-day period from Dec. 23 to Jan. 3, up from 84.5 million in 2008, according to AAA.

The vast majority -- about 88% -- will drive, while 5% will fly and the remainder will travel by other means, including train and bus.

Continue reading "Holiday travel brings increased risk of New York City car accidents" »

Winter increases the risks of New York City fall injuries, sidewalk accidents and other fall situations. Falls can be particularly dangerous for older people and are the leading cause of accidental death for the elderly. This month, the New York Department of Health is urging fall prevention and safety education.

The New York fall injury lawyers and the personal injury and wrongful death attorneys at Queller, Fisher, Washor, Fuchs & Kool fight for the rights of people injured in falls. Fall injuries, particularly among seniors, can limit independence and lead to serious health complications.

"As people age, one of their biggest concerns is losing the ability to live independently," said Health Commissioner Richard Daines. "Fall-related injuries in older adults often lead to hospitalizations, beginning the downward spiral that can result in long-term disability or death. It's important that older adults and their families learn the simple steps to reduce the risk for fall-related injuries."

Falls are the leading cause of injury deaths and hospital visits for New Yorkers 65 and older. On average, two seniors die and 350 are treated in hospitals for fall injuries every day in New York.

Each year, 900 New Yorkers aged 65 years and older will die due to a fall, and more than 125,000 will be injured severely enough to require hospital treatment. Nationwide, more than 15,000 senior adults are killed and almost 2 million seriously injured in falls, according to the Centers for Disease Control and Prevention.

Falls are the leading cause of traumatic brain injury. Broken bones and joints, including knees, hips and wrists, are also common injuries suffered in falls.

"Fall-related injuries in older adults are a major public health problem," said Susan Hardman, Director of the New York State Health Department's Bureau of Injury Prevention. "As baby boomers age, we likely will see a significant increase in these injuries. Fortunately, there are simple strategies for reducing the risk of falling."

To reduce your risk:

•Improve strength and balance by following a simple physical activity program.
•Have your health care provider review medications for potential side effects such as dizziness and drowsiness.
•Have your vision checked; make sure prescriptions are correct and get checked for serious eye conditions, such as glaucoma or cataracts.
•Assess your home for safety, and make the necessary modifications. Common home hazards include:
◦Clutter in walkways and on stairs causing tripping.
◦Slippery or inconsistent flooring surfaces causing falls.
◦Poor or inadequate lighting.
◦Pets and pet-related objects on the floor.
◦Lack of stair railings or grab bars.
◦Lack of easy access to bathrooms and rugs without no-skid backing.

However, when a person is injured on business or other property -- because of wet, slippery or uneven floors; dangerous parking lots or sidewalks; faulty stairwells and handrails; or other hazards -- a New York City premise liability attorney may be able to help them seek compensation for their injuries.

More information about fall prevention in older adults is available on the DOH Web site at www.nyhealth.gov/prevention/injury_prevention

Continue reading "New York City fall accidents: Injury prevention for older adults in focus" »

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" »

City leaders voted for tough new enforcement measures against motorists who leave unattended cars idling, in an effort to reduce New York City car accidents caused by wayward and stolen vehicles.

City Council voted, 46 to 1, on Wednesday to abolish the three-minute grace period and impose a $250 fine for violations, the Daily News reported.

The new measure will be enforced once it is signed into law by the mayor in several weeks. Previously, idlers were given a three-minute grace period and only risked a $5 fine.

The change was prompted by the Feb. 1 hit-and-run deaths of Robert Ogle, 16, and Alex Paul 20, in Middle Village, Queens.

The pair were allegedly killed by a man high on drugs and alcohol, who stole an idling, unattended car parked in front of a deli and ran the two friends down as they walked home from a party.

New York City pedestrian accidents account for half of all traffic deaths in the city, according to the New York City Department of Transportation.

If you or a loved one has been injured in a car accident or pedestrian accident, the New York City injury lawyers at Queller, Fisher, Washor, Fuchs & Kool offer free appointments to discuss your rights. Call 212-406-1700.

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.

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.