Blog Topic

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

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.   

Permalink

BROOKLYN WOMAN FATALLY STRUCK IN CROSSWALK BY EMERGENCY VEHICLE
Posted by: William Gentile
December 15, 2009

A woman in Brooklyn was killed by an ambulance early this morning. NY1 reports, "Sources say an emergency medical services vehicle struck a 80-year-old woman as she was standing in a crosswalk on Bay Parkway by the Belt Parkway just after 6 a.m. The ambulance was transporting a 100-year-old woman with stomach pains to Lutheran Hospital."

Assigning fault (legal liability) for a car accident is a matter of deciding who was negligent. In many cases, prompt investigation will reveal what rule or rules were violated - and by whom. In others, the answers may be harder to find such as where the design of a car or even of an intersection or road was the major cause of the wreck.

According to the National Highway Traffic Safety Administration (NHTSA) - a car accident happens to someone, somewhere in the United States, every 10 seconds of every day. Unfortunately, car accidents do not "just happen." In almost all cases, and especially in the most serious and deadly ones - someone is to blame.  Emergency vehicles do get certain protections under the law, however, those injured by emergency vehicles should contact an attorney as there are situations where the acts of the driver of a emergency vehicle can lead to liability.

Permalink

QUEENS MAN TRAGICALLY KILLED AND DRAGGED 17 MILES
Posted by: William Gentile
February 11, 2009

Permalink

HORRIFIC CHINADOWN ACCIDENT
Posted by: William Gentile
January 24, 2009

A tragedy in Chinatown: One child is dead and others are injured after a minivan jumped a curb and struck them. The incident occurred around 38 east Broadway, near Catherine Street. WCBS 2 reports, "Police say the van apparently backed up onto the sidewalk, striking the children. At least two of the victims were pinned below the vehicle." Two of the victims were taken to NY Downtown Hospital. NY1 now says 14 people-10 children and 4 adults-were struck by the van. Two children are in critical condition and three children are in stable condition. Apparently a second child has died at the hospital. The children were in a day care program walking in a "daisy chain" with their adult chaperones. The children were walking from a library visit back to the Red Apple Child Development Center at 25 Market Street.

Apparently there was no driver in the van.  Some how the van accelerated after in reverse after the driver left the van.

Permalink

TRAGIC ACCIDENT UNDER FDR DRIVE
Posted by: William Gentile
November 25, 2008

Anthony Maschi, a worker for New York City schools, was struck by a Brooklyn man driving under the FDR drive. The Daily News reports that Mr. Maschi was crossing a service road when the vehicle hit him. There are not many details about the accident in the artice; the Daily News seemed more concerned about the driver's business background. However, the drivers actions were considered so egregious that he has been charged with vehicular manslaughter (the article does not say why but a good guess is intoxication).

A friend of the victim, Joseph Campanella, stated "It's a shame people have to lose family because of irresponsibility." The question we always ask when faced with cases like this is will the victims family get justice through the civil system. It is clear from the Daily News article that the owner of the vehicle has a successful restaurant business. However, drivers are not required to have large insurance policies and often families of tragic automobile accident victims are left with inadequate compensation from the civil justice system. The minimum policy to insure and drive a car in the State of New York is $25,000.  One potential mode of recovery in this case would be to show that the driver was acting in the scope of his business. The accident happened at 6:30AM so this may be difficult, but it depends on the circumstances of the case.

Permalink