In 2011, a researcher from the Triple AAA Foundation for Traffic Safety published a report on the death rate in pedestrian-car accidents based on federal study of car crashes from 1994-1998; the study found the faster a car was going or the older the pedestrian, the deadlier the outcome of the accident. Lena Groeger, the author of the […]
Motor Vehicle Accidents
Distracted Driving Distracts You for Longer Than You Think
A recent Triple AAA Foundation for Traffic (“Triple AAA”) study draws attention to the risks of distracted driving. Distracted driving refers to drivers who talk, text, and dial, including hands-free devices, while operating a motor vehicle. It can also include those that eat or drink while driving. Triple AAA’s study illustrates that driving while distracted is very dangerous and […]
Second Department Finds Police Report Was Improperly Admitted into Evidence; Orders New Trial
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order for summary judgment in favor of the defendant driver in a pedestrian car accident case. The plaintiff was a pedestrian who was crossing the street when she was injured after being struck by the defendant’s car. The plaintiff argued that the defendants negligently drove […]
Appeals Court Upholds $1,640,000 Verdict in New York Motorcycle Accident Case
The New York Supreme Court, Appellate Division, First Department affirmed a jury verdict that awarded $1,640,000 to the victim of a motorcycle accident. The plaintiff was driving down the road on his motorcycle when a car stopped in front of him. The occupant of the car swung the door open, climbed out of the car, and […]
Plaintiff’s Spinal Injuries Found to Constitute a Significant Limitation under Insurance Law 5102 (d)
The New York Supreme Court, Appellate Division, First Department held that the plaintiff had properly raised a triable issue of fact as to whether she suffered significant and/or permanent limitations to her spine as required under the Insurance Law. The plaintiff was injured in an auto accident due to the defendant driver’s negligence. The plaintiff suffered […]
Plaintiff Police Officer’s Case Car Accident Case Will Proceed Due to Lumbar Spine Injuries
The New York Supreme Court, Appellate Division, First Department modified a trial court order that granted the defendant’s motion for summary judgment and dismissed a negligence complaint in a car accident case. The First Department dismissed the claim under the 90/180 day rule but allowed the plaintiff to proceed with the “permanent consequential” and “significant” limitations […]
Car Accident Victim’s Shoulder Injury Deemed a “Serious Injury” Under the Insurance Law
The New York Supreme Court, Appellate Division, First Department modified a trial court order in a car accident case, denying the defendant’s motion for summary judgment regarding the “significant” limitation and 90/180-day injury claims. The plaintiff was involved in a car accident and suffered injuries to his left shoulder. After the accident, the plaintiff filed a negligence […]
First Department Affirms Liability Finding for Hit-and-Run Pedestrian Accident
The New York Supreme Court, Appellate Division, First Department affirmed a trial court order that granted partial summary judgment for the plaintiff on liability, holding that the defendant driver was negligent when he hit the pedestrian in the crosswalk. The plaintiff was crossing the street when he was hit by the defendant’s car. Prior to being […]
Drunk Driving at All-Time Low, Driving while on Drugs at All-Time High
The National Highway Traffic Safety Administration has worked tirelessly to increase awareness of the dangers of drunk driving in an effort to stamp out driving while intoxicated. While surveys show that drunk driving has declined and is at an all-time low, driving while under the influence of marijuana or prescription drugs has increased dramatically. The […]
Department of Transportation Study Reveals New York City Pedestrian Fatalities Have Dropped in the Past Decade
In 2009, less than 300 pedestrians were killed in car crashes in New York City. Though this figure seems alarming, this marks a 25% decrease in the past decade. In fact, 2009 was the safest year for pedestrians in New York City. Thanks to New York City DOT initiatives designed at increasing pedestrian safety, New York […]
Road Construction Injuries on the Rise
According to a Bureau of Labor Statistics 2010 report, while overall occupational fatality rates have decreased, the number of roadside construction injuries and fatalities have increased over the last decade. A road construction site can occur on a highway, street or bridge. It is generally defined as construction, maintenance or utility work that includes warning signs, barriers, […]
Police Officer Who Ran Over Pedestrian May Be Liable for Wrongful Death
Late at night on March 30, 2015, a West New York police officer was making his way to work. Driving in his personal vehicle, a blue 2013 Honda Accord, the rookie officer was making his way down JFK Boulevard in North Bergen when he encountered the victim. The victim was a young man who was […]
Car Accident Attorney Report: Lynyrd Skynyrd Drummer Dies in Late Night Car Accident
Just before midnight on April 3, 2015, Lynyrd Skynyrd drummer and founding member Robert Burns Jr. died in a single-vehicle car crash. Burns was driving through Cartersville, Georgia on a winding road. As he approached a curve, he lost control of his car, swerved, hit a mailbox, and crashed into a tree. Though he was still […]
New York Car Accident Case Revived By Second Department Under Insurance Law 5102 (d)
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order granting summary judgment for defendants in a car accident case recently. The Court held the plaintiff did suffer from a “serious injury” to the spine as defined by statute following a car accident. See Yeu Jin Baik v. Enriquez, 124 AD3d 880 (2nd Dept. […]
Shopper Killed in Great Neck, New York after Car Crashes into AT&T Store
On the morning of Monday, March 30, 2015, an elderly driver of a 2006 Toyota Rav4 drove into a shopping center parking lot in Great Neck, New York on Northern Boulevard by Nassau Road. For some reason, the driver was unable to bring her car to a stop in a parking spot in front of […]
A Rear-End Car Collision Is a Prima Facie Case of Negligence
The New York Supreme Court, Appellate Division, Second Department affirmed an order denying defendant driver’s motion for summary judgment in a rear-end car accident case. In 2011, the two plaintiffs were in their car waiting at a red light at the intersection of Ninth Avenue and 49th Street in Brooklyn, New York. While waiting, the […]
Study: Eating while Driving Accounts for 80% of All Car Accidents
Each year, an astonishing 1.3 million people die in car crashes, and a whopping 20-50 million are injured. Car accidents are the 9th leading cause of death among adults and the #1 cause of death among young people. These crashes cost U.S. citizens over $230.6 billion each year. The vast majority of these accidents are caused […]
Appellate Division, First Department Orders that Inconsistencies in Plaintiff’s Evidence Preclude Summary Judgment
The Supreme Court of the State of New York, Appellate Division, First Judicial Department reversed an order by the Supreme Court of Bronx County that granted the plaintiff’s motion for partial summary judgment in a scooter accident case. The plaintiff was riding a scooter northbound on Riverside Drive, a two-way street, when he encountered the […]
Rate of Cell Phone and Electronic Device Use While Driving Remains Steady, Reports NHTSA
The United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) recently released a research note on the prevalence of drivers using hand held devices while driving. NHTSA is tasked with keeping the roads safe. It does so by conducting research on driver behavior and traffic safety, enforcing safety performance standards for motor vehicles […]
Seat Belt Use Remains Higher In States With Stricter Laws on Seat Belt Use
Recently the United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) released a Traffic Safety Facts – Research Note on the topic of seat belts. It reported that nationally in 2013 seat belt use reached 87%. This was up from 86% in 2012, but considered statistically insignificant. The data used in the research […]
NHTSA Reports a Increase in Alcohol Impaired Traffic Fatalities in 2012
According to the United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) thirty-one percent of fatal traffic accidents included a driver who had blood alcohol concentration over 0.8 grams per deciliter (g/dL). A blood alcohol concentration over was over 0.8 grams per deciliter is considered to be impaired. This amounted to 10,322 fatal […]
NHTSA Determines that Seat Belt and Drunk Driving Laws Saved over 13,000 Lives in 2012
The United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) recently released a Traffic Safety Facts – Research Note which summarizes the statistical date on lives saved by the implementation of seat belt laws and minimum drinking age laws. The note estimates that over 13,000 lives were saved by these provisions. The NHTSA […]
New Trial Ordered in Brooklyn Car Accident Case After Jury Verdict Sheet Deemed Unclear
In Ki Tak Song v Oizumit the Appellate Division, Second Department reversed a jury verdict for the defendants and ordered a new trial after it found that the jury was confused when filling out its verdict sheet. The Plaintiff, Ki Tak Song, was suing the plaintiffs Yoko Oizumi and Daniel Oizumi for personal injuries he […]
Case Study: The “Serious Injury” Threshold
Lonnie Gates was rear ended by a truck owned by Sears, Roebuck and Co. and driven by Gene H. Longden. Under New York State’s no-fault insurance rule, a person injured in an automobile accident may recover for medical bills and other economic damages from the insurance company covering the vehicle they are riding in, or are hit by, regardless […]
Syracuse Police Officer Who Ran Red Light Without Stopping Liable for Injuries To Other Driver
In Ruiz v Cope, the Appellate Division, Fourth Department affirmed a decision by the Supreme Court of Onondaga County to award a man money damages after a non-jury trial against a police officer, Brendan Cope, the Syracuse Police Department, and the county. At the time of the accident Cope was being field trained under a […]