Long Island, Manhattan Accident Attorney Blog

New York Car Accident Fatalities Lower than Average

The risk of being killed in a car accident in New York is lower than the national average, according to the U.S. Centers for Disease Control and Prevention (CDC).

The New York car accident death rate was 8.4 per 100,000 during the time of the study, which was significantly lower than the national average of 15.6.  An initiative has been developed by the federal government, known as Healthy People 2010, which calls for a reduction in the amount of deaths caused by car accidents to 9.2 per 100,000.  The highest death rate was in the South, where 19.5 per 100,000 people were killed in a car crash.

Researchers found that men are more likely to die in a car accident than women.  The death rate for men was 21.7 per 100,000 and for women it was 9.4.  The study also discovered that people ages 15 to 24 had a higher death rate than the other age groups.

There have been some suggestions made to lower the risk of death from a car accident, including:

• Lower blood alcohol laws
• Safety improvements to vehicles
• Improved roads
• Better emergency response
• Additional seat belt laws
• More alcohol checkpoints

If you have been injured in a New York auto accident, you need to contact an experienced accident lawyer at Rappaport, Glass, Greene & Levine at (800) 734-9445 for legal advice. 

 

Defective Car Cases

When attempting to show a car manufacturer or seller’s liability for
a car defect, you do not need to show that they were careless. Unlike
personal injury claims that are based on negligence, liability in car
defect cases is controlled by strict liability. Regardless of the
steps a manufacturer says it takes in creating or handling a car, you
can make a strict liability claim based on a car defect if certain
conditions are present:

1) The car had an unreasonably dangerous defect that harmed you. The
defect may arise from either the car’s design, during handling,
manufacture, shipment, or through a failure to warn consumers of a
dangerous aspect of the car.

2) An injury arose from the defect, while the car was being used properly.

3) There were no substantial alterations to the car from its
original condition when sold.

Manufacturer Defenses

The car manufacturer and the seller may have a defense to your strict
liability claims, particularly if you have owned the car for some
time, if it can be shown that you knew about the defect but continued
to use the car anyway. This can be established through either the
car’s condition or from your description of the use of your car. In
some states, a manufacturer or seller may also be able to defend
against your lawsuit under the theory that your contributory or
comparative negligence was the cause of your injuries.

Punitive Damages

There has been an increasing trend in car liability of
awarding more punitive damages for those who have successfully brought
a claim against a manufacturer or seller. These punitive damages
awards are above and beyond damages to compensate a plaintiff for his
or her injuries, and can range into tens of millions of dollars in
certain instances. Punitive damages are intended to punish
manufacturers and encourage them to fix defects that have resulted in
injury. Traditionally, car manufacturers have engaged in what is known
as a “cost-benefit” analysis when deciding whether to change a
potentially defective design. In this process, the manufacturer will
calculate the cost of implementing a design change, and weigh that
cost against the potential cost of litigation and settlement after the
defect causes injuries. Punitive damages are often awarded in order to
add to the potential costs a manufacturer will face if it decides not
to fix a design defect, thus shifting the cost-benefit analysis toward
the elimination of defects.

Defective Car Cases

When attempting to show a car manufacturer or seller’s liability for a car defect, you do not need to show that they were careless. Unlike personal injury claims that are based on negligence, liability in car defect cases is controlled by strict liability. Regardless of the steps a manufacturer says it takes in creating or handling a car, you can make a strict liability claim based on a car defect if certain conditions are present:

1) The car had an unreasonably dangerous defect that harmed you. The defect may arise from either the car’s design, during handling, manufacture, shipment, or through a failure to warn consumers of a dangerous aspect of the car.

2) An injury arose from the defect, while the car was being used properly.

3) There were no substantial alterations to the car from its original condition when sold.

Manufacturer Defenses

The car manufacturer and the seller may have a defense to your strict liability claims, particularly if you have owned the car for some time, if it can be shown that you knew about the defect but continued to use the car anyway. This can be established through either the car’s condition or from your description of the use of your car. In some states, a manufacturer or seller may also be able to defend against your lawsuit under the theory that your contributory or comparative negligence was the cause of your injuries.

Punitive Damages

There has been an increasing trend in car liability of awarding more punitive damages for those who have successfully brought a claim against a manufacturer or seller. These punitive damages awards are above and beyond damages to compensate a plaintiff for his or her injuries, and can range into tens of millions of dollars in certain instances. Punitive damages are intended to punish manufacturers and encourage them to fix defects that have resulted in injury. Traditionally, car manufacturers have engaged in what is known as a "cost-benefit" analysis when deciding whether to change a potentially defective design. In this process, the manufacturer will calculate the cost of implementing a design change, and weigh that cost against the potential cost of litigation and settlement after the defect causes injuries. Punitive damages are often awarded in order to add to the potential costs a manufacturer will face if it decides not to fix a design defect, thus shifting the cost-benefit analysis toward the elimination of defects.

It's Better to Be Sure: Get OBEL Coverage on Your Insurance

What if the accident is really bad?

What if you are out of work for a few weeks?

What if the medical bills and property damage go over the coverage limits of your policy?

In New York, policyholders have the option to purchase Optional Basic Economic Loss coverage, or OBEL for short.

What OBEL does is provide up to $25,000 worth of coverage above the $50,000 no-fault minimum requirements. In the event that your initial coverage is exhausted, OBEL coverage not only supplies you with more money, but also covers any passengers or pedestrians that were injured in the accident.

What is also important about OBEL coverage is that you get to decide how that extra $25,000 will be spent. That is much better than the options that you have with just the basic New York no-fault coverage.

Talk to your insurance provider about OBEL coverage today.

If you or a loved one has been injured in a New York car accident, contact Rappaport, Glass, Greene and Levine for a free legal consultation today.

Don’t Postpone Car Safety Inspections

New York requires yearly safety inspections for any car that is on the road, and this inspection exists for a very good reason.

Cars are machines made of moving parts. Any machine with moving parts inevitably breaks down. The safety inspection for your car involves a trained mechanic taking a look at all of the parts of your car that are crucial to keeping you from getting into an accident.

They inspect things like the brakes, the tires, the horn, as well as the lights, reflectors and blinkers. These might seem mundane and not important, but each of these parts can play an important role in helping you avoid an accident.

Even if it seems inconvenient to do so, getting your car inspected can let you know if you need new tires, or if your turn signals aren’t working correctly, or if your brakes are about to fail. It is better to have that information before it’s too late for you to do anything about it.

Any car accident is bad enough, but one that is caused by a driver who neglected to get his or car up to safety standards is nothing short of a tragedy.

If you or a loved one has been in a car accident in the New York City area, contact Rappaport, Glass, Greene and Levine for a free legal consultation today.

Do You Live Near one of The Most Dangerous Intersections in New York?

A group called Transportation Alternatives has recently put together a list of the 50 most dangerous intersections in New York for pedestrians and bicyclists.

As New York injury attorneys, we can tell you that pedestrian accidents happen with alarming frequency here. What is interesting about this list is that many of these intersections could be made much safer by simply allowing more time for the pedestrians to cross.

If you or a loved one has been injured in a pedestrian accident in New York City, contact Rappaport, Glass, Greene and Levine for a free legal consultation today.

New York's Liquor Liability Law - Too Much Holiday Cheer Comes With a Price...

Under New York Law, bartenders, shopkeepers, wait staff and other persons who serve alcoholic beverages to "visibly intoxicated" persons can cause their employers to be held legally responsible for injuries or death to innocent third parties. This liability extends not only to motor vehicle accidents caused by drunk drivers, but also to victims of assaults or brawls precipitated by continuing to serve intoxicated patrons.

Employees who serve alcohol are trained to see if patrons have slurred speech, bloodshot eyes, exhibit loud or abusive behavior, or have problems with balance. They are expected to use good judgment in whether or not to continue to serve a patron who appears to be drunk.

Parents or other adults who serve alcohol or provide drugs to minors at parties in their home can similarly be held responsible if injuries result.

Enjoy the holidays----but let common sense prevail.

If you or a loved one has been injured because of such poor judgment, consult an attorney to explain and protect your rights.

It's Winter!!!! Be Safe-----and Make It Safe for Others......

Here in the New York City area we are getting our first dusting of snow. Last night, I begrudgingly and with Scrooge-like scowls trudged into my basement to bring up a bucket of salt for my walks and paths. It got me thinking......

Please be careful driving, and remember that when bad weather and icy conditions hit, it is not a good idea to speed up so you get to your destination sooner. Unless, of course, you like the idea of having your last name changed to "Defendant."

Pack up some kitty litter in your car (for traction) if you get stuck in snow, along with a collapsible shovel. If you find yourself stuck in the snow, spinning your wheels is like...uhh.....well......spinning your wheels. You will just get stuck deeper. Turn your front tires to the left and right to help clear as much snow away from the wheels as you can, and use your handy shovel to clear the rest. The kitty litter (or sand) will help the tires grab and get you out.

Next time you stop for gas, pick up an extra gallon of winter windshield fluid and keep it in the car. You never realize the reservoir is empty until you have freezing sleet in front of your face. Opening the widow and trying to wipe your windshield clear with your left hand while driving on I95 is not recommended by AAA. (You know who you are.)

Ice scraper is a must. Lock de-icer is a good idea, but most people I know keep it inside their car. (???) The few times I had trouble opening a frozen car lock, I used a cigarette lighter to heat up the key and then placed it in the lock. Of course, those were the "good old days" when everybody smoked, and we actually had metal keys instead of things that look like mini-phasers from Star Trek. Progress.

In addition to the obvious "slow down" advice, leave extra room between your car and others for extra stopping distance.

And the best advice: when it gets to the point where you need a push broom to get the snow off your car, and boiling water to melt the glacial ice off the windshield, go back inside and make yourself a hot toddy. Or, to quote that immortal sage Ed Norton: "Pack up and move to Florida!"

New Child Accident Chart Out

The New York Times has put together a chart about child accidents using data from the World Health Organization.

The chart breaks everything down in categories that are more than a little heartbreaking.

One particular statistic that we noticed was that road and traffic accidents are ranked at number one or two among three different age groups. While a great deal of these accidents occur in the third world, it goes without saying that a fair percentage of auto accident deaths occur here in New York City.

This underscores the importance of driving carefully and teaching your teenagers to do the same once they get their licenses.

As always, if you or a loved one have been involved in an auto accident in New York, contact Rappaport, Glass, Greene and Levine for a free legal consultation today.

http://www.nytimes.com/imagepages/2008/12/10/health/10injury.graphix.ready.html