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In Spite Of Ban, Cell Phone Use Still Major Accident Risk in New York
Posted by: William Gentile
July 24, 2010
Topic: Automobile Accidents

New York City accounts for just 42% of the state?s population, and less than 30% of motorists in the state, but has chalked up more than 60% of the total number of cell phone usage citations in the state since 2001.  It's just more proof that our cell phone laws suffer from a number of challenges that restrict their effectiveness, and continue to place motorist at risk of accidents.

This week, a New York woman pleaded not guilty in a fatal accident that killed a Norwich resident in 2009.  In September last year, Lisette Oblitas Cruz was involved in an accident that killed a 77-year-old woman.  According to police, Oblitas Cruz had been talking on a cell phone at the time of the crash.  She also failed two field sobriety tests.  She faces numerous charges, including using a cell phone while driving and driving under the influence.  The distractions caused by using a cell phone while driving are well-documented, and a New York car accident attorney doesn?t necessarily have to repeat these.  However, these can be compounded when you combine these with alcohol use.

Nationwide, every year about 6,000 fatalities can be traced to distracted driving.  In our state however, there's no way of knowing whether cell phone was involved in a crash, because there?s no system to note down the kind of distractions that cause these accidents.  There are a number of distractions lumped into one category called distracted driving, including snacking, changing radio stations, highway distractions, billboards, conversations with fellow passengers and any number of other driving distractions. 

As New York City accident lawyers and residents of the city, we notice motorists texting or talking on the cell phone as they drive, every day.  Enforcement is clearly a problem.  However, that may soon change in certain areas of the state, because of a federal grant from the Department of Transportation to step up enforcement in Syracuse.  The $300,000 grant will allow for four programs of 10 days each.  Each program will include increased education and awareness campaigns, news coverage, handouts, and increased cell phone law enforcement.  The idea is to blitz the ?don't text or talk on a hand held cell phone while driving? message to drivers in Syracuse.  If the program is successful, it'll probably be expanded across the state, and even the nation.

We're rooting for the success of the program in Syracuse, and hoping that it will be expanded across New York.   

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Jason?s Law Will Provide for Safe Expanded Rest Areas for Truckers
Posted by: William Gentile
July 11, 2010
Topic: Truck Accidents

Every day, hundreds of truckers, who are either too early for a delivery or want to rest for a couple of hours, find that there are no safe and secure rest areas. The truck drivers have two choices- they can continue driving tired, or they can pull over at an unsafe area for rest. Both these options are highly risky and dangerous, not just to the truck driver, but also to the other motorists who will be sharing the highway with them.

Providing an expanded and safe truck area network for these truckers is the idea behind a piece of legislation that is currently stuck in a Senate committee. The legislation is called Jason?s Law, and is named after Jason Rivenburg, a New York truck driver who was killed during an armed robbery in an abandoned South Carolina gas station last year.

Rivenburg had just made a milk delivery, and was scheduled to make another one the next day. He pulled over at the gas station and was talking on a cell phone, when a robber walked up to the truck, and shot him in the head. Rivenburg died instantly. His widow Hope is behind Jason?s Law, a piece of legislation that aims to expand the rest area network for truckers around the country. Weeks after Rivenburg died, US Rep. Paul Tonko, D-New York introduced Jason?s Law. Both Hope Rivenburg and Rep. Tonko are urging truckers, their families and truck safety groups to call their local lawmakers to push for Jason?s Law to be passed.

Truck rest areas in the country were never that many to begin with, and these have begun closing down at alarming rates in several states. Fiscal difficulties have contributed to the shutting down of truck rest areas in states like Indiana. It has long been a complaint of truck drivers and New York truck accident lawyers, that there is insufficient access to safe rest areas when truck drivers need to stop driving according to Hours of Service Rules. There's little point having HOS rules if you can't provide a truck driver access to facilities where he can park his truck, and rest safely.

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Federal Agency Considering Ban on Truck Driver Distractions
Posted by: William Gentile
July 11, 2010
Topic: Truck Accidents

After its ban on text messaging by truck drivers, the Federal Motor Carrier Safety Administration could soon move towards banning other kinds of distractions in truck cabs, including CB radios and dispatch systems.

Last week, the agency's Chief Safety Officer spoke to a meeting of the National Association of Small Trucking Companies, saying that her agency would look at minimizing all kinds of other distractions that a truck driver faces in the cab. CB radios and dispatch systems are on the list, but they're not the only items that the agency is likely to target. It's clear that the agency is looking beyond cell phones and text messaging devices in its efforts to keep truck driver attention focused 100% on the highway.

However, the FMCSA will have to consider that many of the devices used by truck drivers in their cabs are necessary for two-way communication between the driver and the trucking company. In fact, the FMCSA admits that any proposal it will develop to ban distractions in truck cabs will not interfere with these processes.

As New York truck accident lawyers, we would urge the Federal Motor Carrier Safety Administration to look closer at regulation of the growing use of computers in trucks. These small computers help the truck driver say in touch with his office, check e-mails , surf the Internet, receive directions, receive new orders and perform a number of other important activities.

Technically, a truck driver is not supposed to log onto a computer when he's driving. He must stop the truck before he logs onto the computer. However, that, very often, does not happen. It can be an inconvenience to pull over, or there may simply be no place to pull over to log on to the computer.

The New York Times last year had a report on the serious distractions that truck drivers are exposed to when they use these computers while driving. While the trucking industry will not agree to ban the use of computers in trucks, the FMCSA should at least look at how it can restrict the use of these devices.

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New York Woman Killed in Truck Accident
Posted by: William Gentile
July 11, 2010
Topic: Truck Accidents

Truck accident fatality rates may be dropping nationwide, but there's no reason to be complacent about the toll these accidents take on innocent people.  This week, a 65-year-old woman was killed in a truck accident in Newstead, New York. According to news reports, the woman was driving a car that was broadsided by a tractor-trailer. The woman was rushed to the hospital, but she died later of her injuries. There were three children in the car, aged between six and seven years. They have suffered serious injuries.

It appears that the tractor-trailer driver did not see the car because of sun glare. We will have to wait for investigations to be complete before we know the reasons for this crash. However, it should serve as another reminder of the dangers motorists face when they share the highways with these massive big rigs.

The good news is that truck accident fatalities have been on a downward trend over the past couple of years. The bad news is that these still kill dozens of people in New York State every year. In 2008, 118 people were killed in accidents involving commercial trucks in New York. That was a drop from 155 deaths in 2007 and 174 in 2006, but it is still far too many deaths for any New York truck accident lawyer to tolerate.

Truck investigations in New York can be a complex affair. Truck drivers are presented with unique challenges as they travel through American highways every day, and they are required to be equipped with the skills needed to cope with these. Truck drivers often work long hours, sometimes going beyond the maximum numbers of hours that they can spend behind the wheel. This often contributes to driver fatigue which is an important factor in truck accidents in New York.

Other factors can also come into play when there is a trucker at the wheel of a massive big. These include drunk driving, use of cell phones behind the wheel and other distractions, speeding, tailgating and reckless driving.

A truck accident investigation in New York will also include a mechanical investigation of the truck to look for defective or malfunctioning parts, inadequate repairs, faulty brakes, steering, wheels, tires and other components.

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Two Years after Deadly Accidents, New York Crane Safety Continues to Be in Question
Posted by: William Gentile
June 26, 2010
Topic: Construction Accidents

May 30 marked the second anniversary of the Manhattan crane collapse that killed two workers.

Families of the two workers kept vigil at the site of deadly construction accident that shocked Americans exactly 24 months ago. For them, the site at 91st St. and First Avenue will always involve painful memories of their loved ones. Both families are currently involved in litigation against a number of construction companies, the Department of Buildings, the city of New York and others responsible for the accident. Their claims focus on allegations that the crane that collapsed killing their loved ones, had been used in spite of a long record of safety issues. These problems were linked to poor maintenance and repairs.

Two years after the Manhattan collapse and another similar crane accident, New York construction accident attorneys still believe little has been done to assure workers that they are safe on these sites. Last week, we reported on the fact that a New York City crane inspector had admitted to receiving bribes from a construction company that was not involved in these accidents. While the Department of Buildings has been taking the issue of corruption a tad seriously since the collapses, there has still been painfully slow progress on a number of issues that New York construction accident lawyers are concerned about.

For instance, there is the fact that the city faces a shortage of qualified and experienced crane inspectors. This means that a large number of inspectors who are currently being put out there to inspect cranes, are not specially trained to look for crane safety issues. You don't have to be a New York construction accident lawyer know that this is a highly dangerous situation.

Other issues include the involvement of several city inspectors in the ownership of cranes. More measures need to be taken to ensure the independence of inspectors. We need more independent third-party crane inspectors in the city. As long as these problems continue to remain unaddressed, the lives of crane operators and construction workers in New York City continue to be at risk.

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Construction Hazards to Work on during National Safety Month
Posted by: William Gentile
June 26, 2010
Topic: Construction Accidents

Every year, in June, the National Safety Council encourages organizations, businesses and individuals to focus harder on safety. The month is designated as National Safety Month, and is meant to raise awareness about dangers in the home, on the roads and at work. As New York construction accident lawyers, we would encourage more efforts towards construction safety during this special safety month.

Anytime there is talk of workplace or industrial safety, topics of construction safety feature prominently on the list. The construction industry continues to be the deadliest workplace for Americans, and this shameful record is continued year after year. In 2009, construction safety hazards featured prominently on OSHA?s list of top 10 most frequently cited standards. They were also some of the most frequently and highly penalized citations in the same year.

This June, New York construction accident attorneys and federal safety agencies would encourage contractors, builders and other related companies to focus harder on some of the biggest killers in the construction industry, like scaffolding hazards. Every year, hundreds of workers are injured in accidents caused by unstable or defective scaffolding, or from injuries caused by construction materials and other debris that falls off scaffolding.

Other construction safety risks that continue to plague the industry, are fall hazards. It?s 2010, and there are all kinds of technologies and fall protection systems available to protect construction workers from falls. According to OSHA, the number of fatal fall accidents in the construction industry in 2008, dropped by about 20% compared to 2007. However, 2007 had been a particularly bad year for construction safety with 847 fall-related fatalities. In fact, fall accidents account for approximately 8% of all occupational deaths. When a construction worker is at a height of 6 feet or more, he needs to be equipped with fall protection gear. Such systems must be provided no matter what height the worker is on, if he is working above dangerous machinery or equipment.

Other construction safety risks that we need to focus on harder on minimizing are trench collapses, cave-ins, excavation accidents, and falls from ladders.

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Cocoon Safety System Protects World Trade Center Workers from Construction Accidents
Posted by: William Gentile
May 30, 2010
Topic: Construction Accidents

As work continues at the World Trade Center site, construction authorities are taking path breaking new steps to protect workers from fall accidents. The structure at One World Trade Center has now been equipped with a blue cage like device that will protect workers from falls. According to the World Trade Center construction authorities, this is the first time that a system like this has been used on any construction site in New York to protect workers from fall accidents.

Currently, the cocoon like structure stands four stories high. As construction work progresses and the buildings soars towards its 1,776 foot height, the device will also be hoisted upward, wrapping around the structure as it increases in height.

The cocoon will serve a double purpose. It will prevent workers from falling off the structure, and will also prevent construction materials from being blown off the building during high winds. The cocoon system consists of four floors of steel and fire assistant netting. There are also a number of other platforms to provide work spaces, and to protect workers from falls.

The World Trade Center project is a highly emotional one for New Yorkers in particular, and Americans at large. It is good to see that authorities are going a step further in providing safety measures for workers. Fall accidents are some of the most dangerous hazards on a construction site. The cocoon system and its installation only proves what New York construction accident lawyers have been saying all along - we are in the 21st century, and we have far too much technology at our disposal to continue to allow workers to die in preventable falls.

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New York Crane Company Admits to Bribing Inspector
Posted by: William Gentile
May 30, 2010
Topic: Construction Accidents

It has been one of the biggest scandals in the New York construction industry. This week, a New York construction company admitted that it had bribed a city inspector in order to be able to shortcut crane inspections,and bypass licensing exams.

Michael Sackaris, an employee of NuWay Crane Services Inc. pleaded guilty to charges of bribery. Both the company and Sackaris admitted that they had paid out inspector James Delayo $10,000 in bribes. In return for the bribes, Delayo provided the company fake results for crane inspections that were never conducted. He also provided false evidence that crane operators at NuWay had passed licensing exams. It later turned out that at least one of the operators had not passed the licensing exams. The inspector had earlier pleaded guilty to charges of accepting bribes.

The extent of deceit and corruption in the construction industry became apparent after investigations into two deadly crane collapses in New York City. NuWay Crane service Inc was not involved in those two collapses, but investigations turned up several questions about a number of crane companies in the New York City area, and their inappropriate relationships with city inspectors. Investigations revealed that there was widespread bribing of city inspectors to bypass safety procedures.

The unholy nexus that exists between certain city inspectors and construction crane companies has not gone entirely unnoticed by New York construction accident lawyers and city officials. However, there have also been other problems that plague crane safety in New York. For one, there is a shortage of experienced and trained inspectors, and the city often chooses to dip into its own pool of inspectors with no crane experience to handle inspection duties.

The deadly construction crane accidents of 2008 coincided with the tanking of the economy, and the slowdown in construction work in New York. As the economy begins to recover, there is likely to be an increase in construction activity. It will be only then that we know for sure whether these serious crane safety issues have been adequately addressed.

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New York Contractor Cited for Failure to Control Cave-In Hazards
Posted by: William Gentile
May 30, 2010
Topic: Workers Rights

Trench collapses are some of the most frequent construction site hazards. The Occupation Safety and Health Administration has cited a New York contractor for failure to control cave-in hazards, leading to a worker being trapped in a collapse.

The contractor Antorino Sewer and Drain, is looking at a total of $11,700 in proposed fines. According to the OSHA release, the agency conducted an investigation into a cave-in incident that occurred when an Antorino worker was trapped in a cave-in at a construction site in East Hills in New York. In that incident, the worker had become trapped in a 16-foot hole. Fortunately, that accident did not result in serious injuries or fatalities. However, OSHA has determined that there was a very serious risk of injury or death in this accident.

OSHA cited several failures on Antorino?s part

?         The excavation lacked even the most basic cave-in protection.

?         The worker was lowered into the excavation site in a backhoe.

?         He was wearing no head protection

?         The trench did not have a ladder or any other means of exit.

?         There were excavated materials stored on the edges of the trench.

?         The trench had not been inspected by an experienced and knowledgeable person.

As New York construction accident lawyers, we know that trench collapses and cave-ins are some of the most common accidents associated with excavation work. These can be avoided if the walls of the trench are shored using metal shoring, and if the trench is inspected prior to workers being allowed in. Once a cave-in begins, it takes just a few seconds for a worker to be trapped in the mud. Death is usually by asphyxiation, and can occur in seconds.

There are other dangers associated with excavation work. Workers may be injured if they come into contact with underground power lines. There may be suffocation and asphyxiation caused by noxious underground fumes, like natural gas. These are very real dangers, but can be limited if all safety precautions are followed diligently.

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Anthony P. Gentile, Esq. Inducted into the International Academy of Trial Lawyers
Posted by: Dan McMullen
May 24, 2010
Topic:

Anthony P. Gentile, Esq. of Godosky & Gentile, P.C. in New York, NY was recently inducted into the International Academy of Trial Lawyers (IATL) at their Annual Meeting held April 7-11, 2010 in Phoenix, Arizona.

The International Academy of Trial Lawyers limits membership to 500 Fellows from the United States. The Academy seeks out, identifies, acknowledges and honors those who have achieved a career of excellence through demonstrated skill and ability in jury trials, trials before the court and appellate practice. Members are engaged in civil practice on both the plaintiff's and the defendant's side of the courtroom, and the trial of criminal cases. The Academy invites only lawyers who have attained the highest level of advocacy. A comprehensive screening process identifies the most distinguished members of the trial bar by means of both peer and judicial review. Mr. Gentile has been evaluated by his colleagues and the judges in his jurisdiction and has been highly recommended by them as possessing these qualifications and characteristics.

Chartered in 1954, the Academy's general purposes are to cultivate the science of jurisprudence, promote reforms in the law, facilitate the Administration of Justice, and elevate the standards of integrity, honor and courtesy in the legal profession.

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