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Albany, New York Personal Injury Law Blog

Can Distracted Driving Be Stopped?

  • 25
  • January
    2012

We know the facts, and we read the papers - cellphone use on New York roads is extensive, despite regulation to minimize activity. Law enforcement authorities in New York claim that nearly 60 car accidents occur daily due to distracted driving. Suprisingly, statistics show that distracted drivers could be more dangerous on the road than drunk drivers. Yet, many people continue to drive with distractions and cause accidents every day.

Could cellphone use behind the wheel be as addictive as smoking? A chairwoman on the National Transportation Safety Board (NTSB) thinks so. When compared to an addiction, it becomes more obvious as to why it is so difficult for people to stop using their phones while driving their car. If cellphone use really can be likened to an addiction, then it could be argued that regulation of phone use is futile. Cellphones have been integrated into daily life - used not only for making calls, but taking photos, maintaining busy schedules, recording notes, writing emails, updating social media sites, planning meals, doing research, etc. The list goes on and on, suggesting that people may not be able to set down their mobile devices even if they want to. (Not long ago Blackberrys were jokingly referred to as "Crackberrys.")

Still, addiction or not, it is unsafe to use a cellular phone while driving a car. So what is the solution?

Graduated Driver Licensing: A Look at New York's Program (Part II)

  • 23
  • January
    2012

In our previous blog post, we discussed how data analyzed by the National Safety Council (NSC) suggests that a nationwide graduated drivers licensing program would help prevent teen car accidents and save another 2,000 lives and over $13 billion each year. While not every state currently has a graduated drivers licensing program, New York does.

In New York, licensing starts with a junior license. A number of restrictions are placed on junior license holders, including:

  • Limited number of passengers
  • Strict seat belt requirements
  • Limited nighttime driving

Graduated Driver Licensing: Does It Save Money and Lives? (Part I)

  • 19
  • January
    2012

Based on statistics, it appears that it might.

In the last 10 years, 81,000 young adults (ages 15 to 20) have been killed in car accidents, according to the Centers for Disease Control and Prevent (CDC). Based on this number, it is no surprise that the leading cause of death among teenagers is motor vehicle accidents. Recognizing this problem, a number of states have established graduated driver licensing systems to allow teens to gain experience while limiting risk.

Graduated driver licensing places restrictions on teen drivers, such as limits on use of cell phones, number and age of passengers and restricted driving based on time of day.

Winter Driving: Smartphone Winter Survival App, Part 4 of 4

  • 17
  • January
    2012

This is the final post in a four-part series focused on winter driving safety.

Thanks to a new smartphone app - available on iPhone and Android - if you do end up stranded in your vehicle during a winter storm, you can easily notify authorities and your emergency contacts.

The app, called Winter Survival Kit, has a number of features, including activities to keep the motorist stranded while waiting for help - such as reading tips on what to do and what not to do while stranded in the cold.

Winter Driving: Vehicle Maintenance Tips, Part 3 of 4

  • 12
  • January
    2012

This is the third post in a four-part series focused on winter driving safety.

In addition to checking the wiper blades and exhaust in order to prevent injury to yourself and your passengers, there are a number of other items on your vehicle that should be regularly serviced - especially as the weather grows colder and more severe.

Other vehicle parts that should be periodically checked are the belts, fans, brake lines and brake pads. Keeping a safe driving distance behind other vehicles is important as well as adding time for any commute. If the brakes fail, even extra time and increased following distance will not be enough. To avoid a potentially serious crash, make sure brakes are in excellent condition leading into the winter months.

Winter Driving: Important Safety Precautions, Part 2 of 4

  • 10
  • January
    2012

This is the second post in a four-part series focused on winter driving safety.

Because relying too heavily on a vehicle's safety features is often what gets drivers into trouble in the winter months, there are a few basic driving tips to keep in mind in order to stay safe even in the worst winter conditions:

  • Drive slowly
  • Apply moderate pressure to brakes
  • Purchase tires with adequate winter tread
  • Never have less than one-quarter of a tank of gasoline (as extra time and driving may be required in hazardous conditions especially if stranded and running the engine for heat and power)

Winter Driving: The Dangers, Part 1 of 4

  • 05
  • January
    2012

This is the first post in a four-part series focused on winter driving safety.

While we have yet to be buried by snow (unlike this time last year), it is undeniable that winter is here. And before long, drivers throughout New York state will be faced with slippery roads, difficult visibility, longer commutes and close calls on the highway.

Most hazards during the winter are centered on driver error, which means that even a vehicle with four-wheel-drive and all of the technological safety features may not be enough. So it is important that all drivers make a conscious transition from fall driving to winter driving; in the end, it comes down to paying close attention to surroundings and conditions.

$7M Settlement Reached for NY Woman Brain Damaged in Pool Accident

  • 03
  • January
    2012

A New York woman who was brain damaged after nearly drowning in a local county swimming pool in Buffalo will receive a $7 million settlement from the county.

In August 2009, the then-37-year-old woman was pulled out of the water by her son after he found her floating lifelessly in the pool. According to documents filed with the court, the pool was extremely crowded that day and the two lifeguards on duty failed to see her distress, nor did they aide her son in his rescue.

New Year's Eve: The Deadliest Day for Car Accidents?

  • 29
  • December
    2011

True or False? New Year's is the deadliest day of the year for car accidents.

False. Despite the fact that many revelers ring in the New Year with champagne toasts and alcohol-fueled celebrations and then hit the roads as they head home for the night, the wee hours of New Year's Day is not the worst time of the year for drunk driving accidents.

While alcohol and driving are never a good mix, statistics from the Insurance Institute for Highway Safety (IIHS) show that the Fourth of July is actually the deadliest driving day of the year. (Deadliest defined as the day of the year that that sees the greatest number of auto accident-related deaths.) More drunk driving accidents occur on July 4 than on New Year's.

Pedestrian Deaths on the Rise Nationwide

  • 27
  • December
    2011

While we recently blogged about how motor vehicle traffic fatalities have fallen in 2010, the unfortunate corollary to this is that pedestrian accidents have actually increased. In fact, data collected by the National Highway Traffic Safety Administration (NHTSA) suggests that U.S. roadways are getting riskier for people on foot.

In 2010, the number of pedestrians killed in car accidents actually increased by 4.2 percent compared to the previous year. And the number of pedestrians injured in collisions with cars also increased by 19 percent - resulting in over 70,000 pedestrians being injured after being involved with a motor vehicle accident.

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