Plea Deals
Traffic tickets can be troublesome and expensive, yet ultimately they exist to make our roads safer. But when reckless drivers are able to plead down serious violations that should be removing them from the driver’s seat, the safety of all Long Islanders on the road is put at serious risk. Plea Deals Can Be Dangerous! Some residents are skeptical about traffic tickets and it’s understandable why. According to an article published by Newsday this week, Long Island collected a total of $146 million in traffic fines in 2017 and some of the fees collected were from the controversial red-light cameras. Despite this belief, traffic tickets have a dual purpose when it comes to municipalities: to punish drivers who are not following the traffic laws in hopes to reduce reckless behaviors, while using the additional revenue to better our cities and towns. Plea deals, however, can make protecting our roads via traffic tickets far more difficult. Unlike red-light camera fines which are issued to the vehicle owners with no point penalties, traffic tickets issued for dangerous behaviors such as speeding have the option for a driver to plead down to lesser charges, affecting multiple different parties in the process. How Plea Deals Work When a reckless driver gets a ticket for speeding or careless driving, the first reaction is to fight back. Initially, drivers have the option of downgrading the ticket or having it amended to an ‘unsafe driving’ charge by way of a plea deal. The driver not only gets out of points on their license but avoids the mark of an actual speeding or careless driving charge on their record. Plea deals still require drivers to pay larger fines, but not as hefty as the original offenses. Fees collected on traffic tickets for less serious offenses stay within the municipalities themselves and don’t require the collection of a surcharge which is handed over to the state. Encouraging Dangerous Drivers Even though a driver might have a lighter wallet after accepting a plea deal, there are no significant incentives not to repeat these reckless behaviors without the additional penalties to worry about. In the State of New York, the law states that a driver will have their license suspended if they get 11 points or receive three speeding tickets within an 18-month period. Drivers who plead guilty to lesser charges may have met these requirements if they had pleaded guilty to their original tickets but plea deals allow them to skip these severe consequences and continue practicing dangerous driving habits. Inaccurate Data Data collection needed to improve traffic laws and infrastructure can be skewed when drivers accept plea deals. Our state and national organizations such as the National Highway Traffic Safety Administration (NHTSA) rely on reports and statistics analyzing driving behaviors to update traffic laws and policies that protect us on the road. They also use the data to determine areas of priority when it comes to road improvements, renovations, and speed limit adjustments to help keep accident rates down. Plea deals provide inaccurate data concerning the number of actual speeding and careless driving offenses cited on our roadways, making it harder to use the data correctly to improve traffic safety. An article published by Data-Smart City Solutions in October 2017 highlights the importance of accurate data when it comes to New York City achieving its Vision Zero goal of zero traffic fatalities. Unreported dangerous driving habits can provide an unreliable impression about how safe certain traffic areas are and what plans would be most effective in making them safer for drivers and pedestrians. Missed Revenue for State In addition to inaccurate data, the state misses out on revenue from traffic tickets in the form of surcharges for serious traffic violations. The state collects about $100 per offense in addition to the fine paid for the traffic offense. Though residents may find these surcharges over the top and unnecessary, these fines go towards funding court-appointed attorneys, crime victim assistance programs, and to the state’s general fund which supports various state agencies. Insurance Companies Fooled Insurance companies can also bear the brunt of drivers accepting plea deals for traffic tickets. When a driver displays reckless behaviors on the road, their insurance premiums go up as their risk to others goes up too. Without the correct information on how risky drivers really are, insurance companies are deceived out of charging appropriate premiums to cover these dangerous motorists. They also miss out on data that can be used to improve policies and create useful reports analyzing road safety from a national perspective. Tickets Really Do Save Lives Traffic laws may be cumbersome but studies show they work. In an analysis of regional highway safety laws and FARS mortality statistics performed by Auto Insurance Center, data showed that states with the strictest traffic laws saw lower rates of road fatalities caused by vehicle crashes. In another study published in the Journal of Policy Analysis and Management, researchers analyzed the effectiveness of a ticket program in Massachusetts. They found that as unpopular as traffic tickets were, drivers drove safer during heavily ticketed periods than they did when ticketing was lax. Drive Safe NY All of the fuss around plea deals and traffic tickets can be avoided if drivers use safe driving habits on the road. Speeding and using reckless maneuvers to get where you need to be quicker is not worth taking someone’s life. Slow down, pay attention, and avoid using aggressive moves that could cause unnecessary and preventable accidents. If you or a loved one has been injured in a car accident, the law firm of Siler & Ingber is here to help. Our expert team of personal injury attorneys has been fighting back against negligent drivers in New York City and Long Island for over 20 years. Contact us at 1-877-529-4343 today for a free case review to find out more about your options.
Legalizing Marijuana in NY
Legalizing marijuana has been a hot topic in our country and Governor Andrew Cuomo announced it will be one of his top legislative priorities for New York in 2019. With a number of other states also on the fence in making the change, Cuomo and state lawmakers are saying enough- let’s finally say yes to marijuana. Cuomo’s New Stance on Marijuana In a speech made at the New York City Bar Association, Cuomo outlined his agenda for the first 100 days into his third term, which included a proposal to legalize cannabis in New York for good. Not only would this move New York on the same path as a number of other states, Cuomo believes the change would go hand-in-hand with another part of his agenda- to create more equality within the justice system between the wealthy, well-off individuals and the rest of the population. Important details of the proposal, such as taxation, business licenses, or where marijuana will be permitted to be used have not yet been revealed. It’s not clear as to what the age limit will be, how this will affect driving laws, or even how an employer’s current drug policies might be affected by the change. However, with a growing number of supporters backing the legalization of marijuana, and key players such as Cuomo flipping their opinions, it’s pretty safe to assume that marijuana will be legalized sooner than we’re prepared for. Why The Change Of Heart? Cuomo was in full support this week of making marijuana legal to use recreationally for adults, but this has not always been his opinion in the past. In 2017, Cuomo was highly opposed to recreational marijuana, unconvinced of the benefits to legalizing it and referring to it as a ‘gateway drug’. However, an article published by Business Insider after his Manhattan speech last week mentions his sudden change of heart could be due to the increasing public support for legalizing marijuana. A new study out of the Pew Research Center showed over 62% of the American population is for legalizing cannabis, showing a steady increase of support within the last decade. To gain support of the majority, Cuomo was forced to change his view on marijuana, whether it is what he personally believes in or not is hard to determine. Which Side Are You On? The topic of legalizing marijuana has been ongoing for decades throughout the United States. First, starting with the fight to legalize the drug for medical uses, and now, to legalize for recreational use as well. Similar to any other hot topic, there are outpours of opinions from both sides. While some are clearly on one side or the other, there are still a number of New Yorkers who are on the fence about the topic because they simply aren’t sure, or they don’t know enough about the pros and the cons to make an educated decision. Pros of Legal Marijuana in NY Let’s start with why legalizing marijuana would be a positive move for the state of New York: Regulation: One of the biggest pushes to legalize cannabis in New York and across the country is to stop the profits the illegal drug trade is making from cannabis. By legalizing marijuana, we can implement better controls the production, sales, and distribution of the product. This means implementing regulations and policies as we do for alcohol: deciding where, when, how much, and at what level is socially acceptable. Reduced Crime: With marijuana legal, the crime rate could significantly decrease. Thousands of minors are given harsh punishments for cannabis-related crimes every year and thousands more are arrested for multiple drug charges involving marijuana that would no longer be considered illegal. Increased Profit: It may not happen overnight, but the state would definitely profit from the sale of recreational marijuana. New York City alone could see a profit of around $1.7 billion a year according to an article by the New York Times off of cannabis products; a huge difference considering it’s currently only costing the state money in resources to prosecute and imprison marijuana offenders. In addition, marijuana is one of the most popular agricultural products in the country, meaning more opportunities for farmers to grow crops and more jobs available to process and sell. Positive Health Impacts: Alcohol and tobacco are both legal, yet both have known ingredients that are harmful to our health. In comparison, several studies have been done on the health benefits of marijuana, which has actually been used for various medical ailments for over 3,000 years! Conditions in which marijuana seemed to provide the most positive benefits include cancer, chronic pain, addictions (alcohol and drugs), depression, PTSD, social anxiety, multiple sclerosis, epilepsy and more. Cons of Legal Marijuana in NY On the flip side of the issue, here are the main reasons for why some New Yorkers are still opposed to legalizing cannabis and why it has taken so long to get to where we are on the issue: Regulation Flaws: We might be able to regulate the growth, sales, and distribution of legal marijuana more easily, but regulating its use can be tricky. Compared to alcohol, which remains in your urine for 3 to 5 days and in your blood for 10 to 12 hours, cannabis can stay in your urine for 7 to 10 days and your blood for up to 2 weeks. In addition, alcohol can be detected using a breathalyzer but there is currently no field sobriety test for cannabis. These factors make it much harder for law enforcement officers who suspect a driver is under the influence or an employer who believes an employee is actively using on the job, to make a decision based on current testing alone. Another opposing point when it comes to regulation is what to do with all the individuals who have been convicted of marijuana charges and are currently in jail. Do they get out? Can they dispute their sentence? Increased Pedestrian Fatalities:
Construction Accidents Rising
Despite several safety efforts and regulations set into place this past year, construction fatalities and injuries are still on the rise in New York. Every day, construction workers go to work to support their families. Some return home with serious injuries from negligent safety practices- and some are not returning home at all. Construction Injuries Continue to Rise Construction injuries in New York have been on the rise since the building boom in 2014. The year 2018 was a particularly brutal year with accidents and injuries soaring higher than they’ve been in a decade. According to a 2018 article published in Crain’s New York Business, construction accidents last year had already surpassed 2017 totals by October, not even requiring a full 12-months of data collection to see that accidents continue to skyrocket. These are only a few of the most devastating construction accidents in 2018: In November 2018, a construction worker in Brooklyn was crushed to death by debris that fell from the roof of a three-story building. A forklift on top of the building tipped over and sent unsecured debris falling to the ground, directly on top of the man and causing fatal injuries. A scaffolding accident killed a construction worker in July 2018 at a Manhattan worksite. Two of the man’s coworkers were breaking down a scaffolding structure when a beam fell and struck the worker with a fatal blow to the head. A retaining wall collapse in Brooklyn back in September 2018 resulted in one fatality after a man was buried in the rubble. The workers were clearing a foundation below when the wall gave away. Six workers were able to escape- one was not. New York City, which appeared to be doing a bit better than the state overall regarding reduced construction fatalities and injuries, also saw an increase in 2018. Accidents increased 18.4% from 2017 and fatalities rose from four to eight according to the Department of Buildings (DOB), with some areas proving to be more dangers than others. Highest Injury Area in NYC Construction projects increased in all five boroughs in NYC, but not all areas experienced the same increase in injuries and accidents. Manhattan proved to be the most fatal and accident-prone borough last year. Starting in January through July in 2018, 248 accidents were reported resulting in 253 injuries and 4 deaths. The increase in construction accidents and injuries can directly be contributed to the new building boom NYC saw last year, particularly between the months of January and May. Building booms result in more construction sites, more workers, less oversight, and stricter schedules that increase work hours and cause employers to cut corners to get the jobs done on time. Fatigued and overworked employees are already at an increased risk for injuries, but when employers then drop the ball on safety precautions on their worksites, accidents are more likely to happen. Most Common Construction Violations Construction sites are naturally dangerous due to the nature of the work and the equipment required to complete it. Yet, despite safety regulations to help keep workers safe, Occupational Safety and Health Administration (OSHA) spots the same neglectful safety practices on construction sites time and again, ones that lead to hundreds of injuries every year. The most fatal accidents in construction fit under what is called the Fatal Four in the construction industry: falls, being struck by objects, electrocutions, and caught in/between. OSHA can contribute most of these fatal four accidents to the 10 most frequently cited violations: Fall protection. Hazard Communication Standard. Scaffolding. Respiratory Protection. Control of Hazardous Energy (lockout/tagout). Ladders. Powered Industrial Trucks. Fall Protection–Training Requirements. Machinery and Machine Guarding Requirements. Personal Protective Equipment. Past Efforts To Reduce Accidents The steady increase in construction accidents in New York is not a new trend. State officials have been battling the soaring number of construction injuries and fatalities for decades, enacting several laws and regulations in hopes of reducing the hazards leading to these accidents. Past efforts to prevent construction accidents include: Higher fines for safety violations on job sites. More oversight for worksites. More inspections to address safety violations. Safety laws to increase the amount of employee safety training required. One of the most recent laws, Local Law 196, is not having the effect city safety advocates had originally hoped. The law, aiming to set more effective safety training requirements for employers, has seen a number of deadlines pushed back. Even after a year, the Department Of Buildings is having to push back the deadline to complete at least 30 hours of safety training, leaving under trained employees in harm’s way on unsafe worksites. Prevent Future Construction Accidents We know how to protect our construction workers on the job, it’s just not happening enough. Some of the most devastating injuries and fatalities are the result of unnecessary accidents that could have been prevented by using general construction safety tips such as these: Holding frequent safety training meetings. Making sure all safety policies meet the state and federal regulations. Always using personal protective equipment on the job. Never using damaged equipment. Properly training employees on equipment before unsupervised use. Understanding fall hazards and how to prevent them. Inspecting the worksite before, after, and during every shift. Providing appropriate job oversight to monitor safety risks. Knowing the most common OSHA violations and addressing them on the job site. Construction doesn’t have to be deadly. Similar to other industries, construction work can be a safe occupation with the proper safety measures and a tight-knit team committed to keeping all construction workers safe on the job. If you or a loved one has been injured in a construction accident, the law firm of Siler & Ingber is here to fight back for you. Our expert team of personal injury attorneys is experienced in construction law and ready to seek justice against the negligent parties that caused your unnecessary injuries. Contact us today at 1-877-529-4343 for a free case evaluation to review your options.
How Do You Sue a Business for Injuries?
How Do You Sue a Business for Injuries? If you have been hurt in an accident, you may be entitled to compensation. But what if the person responsible isn’t a person — but a business? Who is responsible for your injuries? Suing a business can be more challenging than filing a claim against an individual, but it is something that is relatively straightforward with the assistance of a tenacious Long Island personal injury attorney. Like people, businesses owe you a duty of care. If their actions — or inaction — causes you harm, then you might be able to file a lawsuit to recover for your losses. Negligence: Breach of Duty of Care Personal injury cases are brought based on a theory of negligence, which is the failure of an individual, business or organization to use the care that a reasonable person (or entity) would in similar circumstances. For example, if a reasonable business would salt its sidewalk during icy conditions, a store that fails to do so may have been negligent. There are four elements to any negligence case: (1) duty; (2) breach; (3) causation; and (4) damages. A duty is a legal obligation owed by an individual or organization requiring that they use reasonable care while performing any acts that could potentially harm others. A breach is a violation of a duty. Causation is the link between the breach and the injury. Finally, damages are the harm that was caused as a result of the breach of the duty. When most people think about personal injury cases, they generally consider situations where a person harms someone else through negligence. The classic example is a car accident; one driver does not pay attention while behind the wheel and causes an accident, injuring another driver as a result. However, businesses can also be negligent. There are a number of ways that a company can be negligent, from the way that they manufacture their goods, to how they install their products, to the way that they maintain their physical storefronts or office space. If you have been harmed by the actions of a business or other entity, a skilled Long Island personal injury attorney can analyze the facts of your case and determine whether you have a viable claim. Premises Liability A common type of negligence case brought against business involves premises liability. Businesses have an obligation to keep the property reasonably safe and free from hazards. That means that a business should clear hazards, clean up spills and fix dangerous conditions. If the business fails to do so, it could be held liable for any slip and falls. However, there is an important aspect of premises liability cases that must be understood. Visitors to businesses act reasonably. Visitors to a business have a duty to act responsibly when they are on the premises. If you act in a dangerous way — such as by climbing up on a display or by running down the aisles in a crowded store — then you will probably have a case for any injuries that result from your irresponsible actions. To win a premises liability case, it isn’t enough to show that you got hurt on at a business. You must show that the business’ negligence was the cause of your injuries.To prove negligence, a Long Island personal injury attorney will have to prove that the business was negligent in maintaining, designing or constructing the property. Your lawyer will also have to demonstrate that the business either knew or should have known about the dangerous condition but failed to fix it. Specifically, your attorney has to show that: The business knew about the cause of the accident; The accident could have been avoided with reasonable action from the business; and You could not have prevented the accident. If you can prove these things, you will likely be able to recover for your slip and fall. An Example For example, consider a situation where you were shopping at a grocery store when you slipped and fell on liquid soap that had been spilled on the floor. Whether you can recover for your fall will depend on whether the store knew about the spill and had the opportunity to address it — and if you had the chance to avoid the accident. If the store manager had been alerted to the spill and took no action to clean it up, then the store will likely be at fault. However, if the spill just happened and the store didn’t have time to clean it up, then the store will not be liable. Similarly, if you saw the spill but walked into it anyway, the store will not be held responsible. Settlements In many cases, a personal injury case against a business will result in a settlement. it can be difficult to predict what a settlement amount will be, as there is no such thing as an “average” settlement. Each settlement will depend on the unique facts of the case, and will be based on a number of factors, such as the severity of the injury and the liability of the business. Settlements take place when the entity being sued agrees to pay the person who has filed the claim (the injured party) an amount to dismiss the case. In the United States, 95 to 96% of all personal injury cases end in settlements. To achieve a settlement amount, both sides determine what they think the case is worth. This is often achieved by researching similar cases to see what juries have awarded in the past. An experienced attorney can also use his or her own knowledge of typical settlements to determine case value. Businesses are often insured, and their insurance companies will generally have standard amounts that they will pay for different types of lawsuits. Once each side has established their estimate of what the case is worth, the parties will negotiate a settlement amount. As the case gets closer to trial or evidence is discovered,
Who Is at Fault in a Left Turn Accident?
Who is at Fault in a Left Turn Accident? Making left turns across traffic is something that many of us try to avoid. While it is often necessary to get where we need to go, it can be a dangerous maneuver — watching for cars behind you while simultaneously trying to make a left turn when there is a break in traffic. In most cases, the cars traveling in the opposite direction have the right-of-way when going through an intersection or driving down a highway. The driver making a left turn is required to wait until it is safe to cut across traffic. So, if a left-hand turn results in an accident, there is a strong possibility the driver making the turn will be deemed at fault. However, this isn’t always the case. Although New York law does require drivers making left turns in intersections to yield, there are situations where a driver making a left turn may not be at fault for an accident. Is a Car Making a Left Turn Always at Fault in an Accident? Under New York law, drivers making left-hand turns in intersections must yield the right-of-way to oncoming traffic. At first glance, this should mean that a driver making a left turn is at fault for an accident — but this is not always the cause. As a Long Island car accident attorney can explain, car crash cases are generally based on a theory of negligence. This is a legal principle that essentially states that a person or entity failed to act with the care that a reasonable person would do in similar circumstances. A failure to yield right-of-way in making a left turn into oncoming traffic is considered “negligence per se” under New York law, which means that an act is considered negligent because it violates a law or regulation. However, that does not mean that a car making a left-hand turn is always at fault in a car accident. Examples Where the Left Turner is Not at Fault There are cases where the person making the left turn is not at fault for an accident. For example, if the driver had a left turn arrow and the other vehicle ran a red light, then the driver making the left turn was not negligent — the driver running the red light was. In every case, an experienced Long Island car accident attorney will evaluate the facts to determine who was truly responsible for the collision. Consider a situation where a person is waiting to make a left turn until it is safe to do so; once the way is clear, the driver begins the turn, and a truck speeds through the intersection, hitting the car making the turn. In that case, the driver making the turn will either not be at fault for the accident or will be less responsible for the collision than the speeding driver. New York follows the rule of comparative negligence, which means that even if a driver is at fault for an accident, he or she can still recover, with their damages reduced based on the percentage that he or she was at fault. Who Has Right-of-Way When Making a Left Turn? Under New York Vehicle and Traffic Law § 1141, any vehicle making a left turn when traffic is approaching must yield right-of-way. Specifically, the law provides: The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard. Importantly, this law does not require drivers making a left turn to yield the right-of-way to all vehicles — just those that are within the intersection or close enough to constitute an immediate hazard. In many cases, a driver making a left-hand turn will still have right-of-way because other vehicles are not in the intersection or close enough to be a hazard. A thorough investigation of the accident scene and facts surrounding the accident can help to demonstrate that the driver making the left turn was not at fault. Why Left Turn Accidents Are Deadly According to the Federal Highway Administration, more than 50% of car accidents involving injuries and fatalities happen at or near intersections. In a 2010 study, the National Highway Traffic Safety Administration found that the top critical pre-crash event (the thing that made an accident inevitable) was a vehicle turning left at an intersection. 22.2% of the 2,188,969 crashes studied were linked to vehicles making left-hand turns — or approximately 481,573 accidents. This data demonstrates that left turn accidents are one of the leading causes of car accidents involving serious injuries and fatalities. There are several reasons why these turns are so dangerous: Vehicles making left turns are going across oncoming traffic, which increases the risk of a collision from the cars and trucks coming in the opposite direction. There is an increased risk of rear-end crashes as drivers stopped to make left turns are often hit from behind by drivers in their own lanes. Many drivers making left turns across traffic try to “beat” the other vehicles — which can be incredibly risky. The oncoming traffic is typically traveling at a much higher rate of speed than the car making the turn, which increases the likelihood of serious injury for the occupants of the vehicle making the left turn. How a Long Island Car Accident Attorney Can Help At Siler & Ingber, we are dedicated to helping our clients get the compensation that they deserve for their injuries. We have recovered over $50 million on behalf of our clients, and have a 98% success rate. Our firm never charges a fee unless we recover money for you. We understand that being in a car accident can be incredibly stressful and that many of our clients are overwhelmed by the legal process. We are here to
NYE in NYC… Know Before You Go
New Year’s Eve in New York City is a tradition for many and a bucket list trip for others. But with more than a million people planning to head into Times Square to see the Ball drop, you can bet the streets and roads will be a little bit more chaotic than usual. Know Before You Go! If you’re gearing up to attend the New Year’s Eve celebration in NYC this year, don’t head out the door without a plan. There are a number of transportation changes, special rules, and dangerous hazards that could catch anyone off guard during a massive event like NYE. Here’s what you need to know before you see the ball drop. Street Closures If you’re driving in NYC on NYE, street closures and lack of parking are going to be your biggest challenges. Here are the scheduled street closures in Manhattan for Monday, December 31st: After 1:30pm: Seventh Avenue (41st to 59th Streets) Broadway (47th-59th Streets) 43rd to 47th Streets from Sixth to Eighth Avenue After 5:00pm: 42nd Street from 6th to Eighth Avenue After 6:30pm: All cross-town streets from 37th to 41st Streets- Sixth to Eighth Avenues All cross-town streets from 49th to 59th Streets- Sixth to Eighth Avenues 48th Street from Fifth to Ninth Avenues Starting at 12:01 am on Monday till 1:00 am on Tuesday, a number of parking areas will be off-limits to vehicles. Click here for the full list of parking restrictions to help plan your trip. MTA Service Changes MTA is scheduling the subway to run every 8 to 12 minutes in Midtown until about 3:00 am. Beginning at 7:00 pm on Monday, there will be parts of the subway which will be closed until 12:15 on Tuesday: Northbound and southbound N/R/W lines will skip the 49th Street station. Northbound IRT #1 train will skip the 50th Street station. N, Q, R, W, S, 1, 2, 3, 7, Times Sq-42 Street station exits will be subject to closure throughout the night. Riders can exit via the passageway to 42 Street-Port Authority instead. To stay up to date on closures, downloading a NYC transportation app could help keep you alert to when transportation plans might need to change. LIRR Service Changes The Long Island Rail Road will continue its traditional alcohol ban on trains from noon on New Year’s Eve until noon on New Year’s Day. To help move revelers along quickly on their journey to the NYE Ball drop, 13 additional eastbound trains and 21 additional westbound trains will be running. Click here for the full list of additional train services set for Monday, December 31st. Where To Watch If you want a prime spot, you better make it there in the early morning or at least by noon on Monday. The best viewing area is said to be where Broadway meets Seventh Avenue. Additionally, Times Square Alliance recommends watching the Ball drop along Seventh Avenue to 59th Street and along Broadway to 43rd Street. There is also a designated viewing area for people with disabilities at Broadway and 44th Street. The NYPD will close down access to Times Square once the streets fill up. Try not to arrive after 6:00 pm or your chances of seeing the Ball drop in person will be minimal to none! NYE Rules Knowing the rules before you leave the house can save you from losing some of the items you wished you would have left home. Alcoholic beverages are prohibited and could land you a fine if you’re caught with one in Times Square. Large bags and backpacks are also prohibited at the NYE event. All bags that are permitted will be searched so leave anything at home that could be taken away. Revelers will be expected to go through metal detectors before entering the viewing areas. If you leave the viewing area before the ball drops, you won’t be able to get back in, so stay put! Bring Supplies Pack food and water in your bag before going into the city. It will be nearly impossible to get in anywhere to eat and food vendors are not permitted in the area on NYE. Going to the bathroom can also be a little tricky in Times Square so it’s advised you don’t drink too much before you head into your viewing area. Dress For the Weather The traditional fancy New Year’s Eve clothes may not be the best choice for seeing the Ball drop among a million other eager viewers. Wear comfortable shoes and clothes for the event. Temperatures can get brisk as the night gets later so make sure to dress warmly: coats, hats, gloves, etc. Alcohol Awareness Emergency room visits involving alcohol-related accidents practically double on New Year’s Eve according to the Health Department, with peak hours between 1:00 am to 4:00 am. Drink responsibly when celebrating and remember not to get out of control. There will be millions of people on the streets this Monday night and staying in control of your actions is one of the only ways to reduce your risks of getting injured. Start The New Year Off Safe! You are bound to be a little overwhelmed by all the activities and visitors in the city on New Year’s Eve, but don’t panic. Doing a little bit of preparation before you leave and planning your transportation a few days before will help curve some of the anxiety and prepare you for an unforgettable night to start off 2019!
Keyless Cars and CO
Last week, a horrifying scene unfolded when a father and his two young children died from carbon monoxide poisoning in Louisville, Kentucky. According to sources, the family was getting ready for school during the first cold week of the season. The father was said to have started the car in a closed garage so it would be warm for the trip- sadly, that trip to school never happened. A family member found the father and the 3-year-old son dead in the garage, and the 8-year-old daughter unconscious in her seat. She was taken to a local hospital but died the following day from the illness. This devastating accident is not only spreading awareness regarding the increase of carbon monoxide poisoning incidents in the wintertime but also calling attention to a vehicle feature that has been linked to several carbon monoxide deaths in the past: the keyless ignition. Deadly Risks of Keyless Ignitions Cars manufactured with keyless ignitions have been exploding in popularity in the last few years. Consumers are tired of fumbling around with bulky key fobs and searching for missing car keys in bags or purses. A push start mechanism that doesn’t require you to have a key in your hand to start or even open the car is ideal for modern day drivers. Yet, this convenience, unlike others, comes with a deadly risk. As easy as it is for a motorist to start a keyless car, they can just as easily forget to turn it off. In most cases, if a driver forgets to turn off their keyless vehicle, a safety feature is designed to automatically shut off the car when the key fob is out of range. However, if a driver forgets to turn off their vehicle when parking it in a garage, the key fob will most likely never hit a distance that would trigger the shut-off mechanism. Not only will the car continue to run until it’s out of gas, but it will be spitting out harmful amounts of carbon monoxide that can easily seep into houses, killing unsuspecting family members inside. CO…The ‘Silent Killer’ Carbon monoxide (CO) has no odor, taste, or color, and is highly deadly in a short amount of time. Over 430 people die from carbon monoxide poisoning every year in the United States, according to the Center for Disease Control and Prevention (CDC). Known as the ‘silent killer’, CO is most dangerous when people are asleep and completely unaware. Common appliances known for leaking carbon monoxide during use include: space heaters fireplaces and chimneys furnaces gas stoves generators cars leaf blowers snow blowers lawn mowers other appliances that run on gasoline The Mayo Clinic describes carbon monoxide poisoning as a process by which harmful CO levels build up in the bloodstream, replacing the oxygen cells our body needs to survive. When this occurs, our body can sustain severe and permanent damage to the tissue, heart, and brain. These complications can lead to cardiac arrest, cognitive and neurological disabilities, miscarriages, or even death depending on the length of exposure. When appliances and vehicles leak carbon monoxide, the gas has to go somewhere. A car parked outside away from the home will allow CO to disperse into the air or to be blown away with the wind. A car parked inside of a garage, however, leaves no room for the gas to escape except into the home through floor/ceiling cracks, pipes, and vents. Why Do Drivers Forget Telling drivers to ‘just remember to turn off the car’ is not going to help save lives. There are several reasons for why a driver may forget to turn off their vehicle before entering the home, such as: Deep-Rooted Habits: There are very few people in our country that have only driven keyless vehicles. The majority of drivers that started off with a traditional key you had to turn to start the car and turn to shut off the car. This movement has become a habit ingrained into the lifestyle and muscle memory for millions of motorists. With possibly decades of practice turning a key to drive, taking away the step of reaching for a key can completely change the game. Distractions: Distractions don’t stop once you pull into your driveway. Hustling kids in the house, running groceries through the door, and continuing conversations on a cell phone could all cause a driver to forget to turn off their keyless ignition before they enter the home. Lack of Alerts: A number of keyless cars do not have effective alerts to notify a driver that their car is still running when they put it in park and exit the vehicle. Because these cars are also new and more fuel efficient than older cars, they are practically silent when running in park, eliminating another clue to drivers that their car may still be running. Safety Tips for Keyless Car Owners Keyless cars are not going to go away despite their dangers. Luckily, owners of keyless ignition vehicles or consumers looking to purchase one can use these safety tips to reduce their risk of carbon monoxide poisoning: Reminders: You won’t remember to turn off your keyless car every time. But forgetting does not have to cost someone their life. Put reminders in your car, garage, and inside your home to prompt you to check that your vehicle is turned off before you enter your home. CO Detectors: Make sure your home has working carbon monoxide detectors to alert you if there are high CO levels in your house. Buy Safe: Newer keyless cars are being made with better safety features, such as an automatic shut off if the car is idle for up to 30 minutes. Research all models for the ones with the most alerts and safety precautions before purchasing a keyless car. Know the symptoms: If you are awake in the home and are experiencing any symptoms such as a dull headache, weakness, dizziness, nausea or vomiting, shortness of breath,
NYC PREPARE FOR SANTACON!
Tomorrow New York City will embrace the ho, ho, holy hell of SantaCon! It ‘s that one time of year where flocks of Santa and elf impersonators embark on a festive bar crawl, making a booze-fueled scene through the city that you’ll find either amusing or annoying to watch. The NYPD describes it as more “naughty” than “nice”. For so many reasons: Expect Grid Lock: Thousands in Santa costumes will begin gathering across from MSG on the 33rd St. plaza between Seventh and Eighth avenues until 11 a.m. Saturday before trekking to bars in Midtown, the East Village and Chelsea. The SantaCon revelry lasts into the night, so be warned. LIRR Commuters: Prepare for crowded trains and a total ban of alcoholic beverages for all riders from noon Saturday until noon Sunday. Heavy police presence: NYPD is hoping bars will not participate and turn Santas away. They are preparing to have a heavy presence of officers in midtown watching out for disorderly Santas! To find out more details of Santacon tomorrow go to: https://www.metro.us/things-to-do/new-york/santacon-2018-nyc-when-where-rules
Avoiding Winter Slip and Falls in New York
With our region’s first significant snowfall of the season come and gone, it’s time to start preparing for slippery sidewalks. As the weather gets colder, pedestrians will be faced with winter walking hazards capable of causing serious accidents and injuries. In New York City and it’s boroughs of Queens, Brooklyn, and the Bronx, there are laws to protect pedestrians who become victims of slip and fall injuries, holding premise owners who neglect to maintain a safe walking surface responsible for damages sustained on their property. Watch Out For Winter Slip and Falls! Slip and fall accidents can happen at any time, all year round. The Center for Disease Control and Prevention (CDC) reports an average of 2.3 million people visit the emergency room every year for fall-related injuries, with at least 662,000 resulting in hospitalizations. Winter, however, poses its own hazards that highly increase the likelihood of slip and fall accidents: ice and snow. Temperatures in New York are far from consistent during the winter season. With snow and ice melting and freezing over and over, the streets of NYC become battlegrounds for pedestrians just trying to stay on their feet. Black ice and packed down snow can be extremely dangerous for walkers, setting them up to sustain serious injuries such as: traumatic brain injuries spinal cord damage trauma to neck and back broken bones muscle, joint, and damages to soft tissues lacerations and deep bruising While some slip and fall victims only sustain damage to their pride, others sustain injuries that can be life-threatening and causing permanent neurological and/or physical disabilities. Pedestrians can take various precautions to prevent slip and fall accidents while walking but they can do little to protect themselves if forced to walk on surfaces caked with dangerous snow and ice. Premise Owner’s Duty NYC property and business owners have a duty to provide clear and safe walking areas both in and outside of their buildings. These areas include sidewalks, parking lots, roofs, stairs, ramps, and any other areas where pedestrians are permitted to walk on or under on their property. Winter clearance regulations for NYC include clearing ice and snow from these areas during the following time frames: snow that falls between 7:00 am – 4:59 pm within four hours of when snow stops snow that falls between 5:00 pm – 8:59 pm within 14 hours of when snow stops snow that falls between 9:00 pm – 6:59 am by 11:00 am the next day To prevent slip and fall accidents caused by melted ice and snow tracked into buildings, business and property owners must provide appropriate weather mats and clean up methods to contain the mess to prevent slip and fall accidents from occurring. Preparing For Slippery Streets Pedestrians should not rely on the law alone when it comes to protection against slip and fall accidents. Aside from negligent property owners who do not clear their properties adequately, weather patterns and temperatures can change quickly throughout a winter day. It’s important to prepare for the possibility of slippery conditions whenever out walking in the city, consider winter walking safety tips to stay safe: Wear high traction shoes to combat icy patches and slippery snow Walk on well-lit paths Stay alert to where you are walking and what’s in front of you Step down off of curbs instead of out to prevent your feet from sliding Keep your hands free to brace yourself if you fall Use handrails when going up and down stairs Avoid distractions such as cell phones that take your eyes off the sidewalk Know Your Rights In New York City, slip and fall injuries happen every day. It can sometimes be tough to prove a property owner is liable when it comes to injuries caused by a slip and fall accident, particularly when snow and ice conditions can vary greatly within a short period of time. If your injury was a result of one of the following instances, you may be eligible for compensation due to negligence: Sidewalks that were cleared improperly and/or not cleared from snow and ice Properties with long-standing slippery conditions Icy conditions resulting from a water leak Uneven walking areas that allow water to pool and freeze Victims of slip and fall accidents on properties have rights. If you or a loved one has sustained a serious injury due to a slip and fall accident, the law firm of Siler & Ingber is here to support you. Contact us today at 1-877-529-4343 for a free legal consultation to review your case and options.
The Dangers of Highway Shoulder Accidents
An unfortunate fender bender this past holiday weekend led to a fatal chain reaction traffic accident on the Long Island Expressway. Sadly, the accident involving four vehicles on Saturday around midnight left several people injured, including children, and killed a 31-year-old father from Selden. After rear-ending a Mercedes going eastbound near Exit 49, the Selden man got out of his vehicle to speak to the driver of the Mercedes. On his way back to his vehicle, the man was fatally struck by another car who did not see him walking on the shoulder of the highway. The Dangers of Interstate Shoulder Accidents Interstate highways are becoming increasingly more dangerous to drive on. Traffic accidents taking place on these fast-paced roadways are often catastrophic, ending in severe to permanent injuries and unnecessary fatalities. For pedestrians and vehicles on the shoulder of these highways, the risks of injuries are even higher. Although the shoulder of the road was intentionally designed for cars to pull off in the case of an emergency, these areas are proving to be deadly. According to AAA, an estimated 12% of traffic fatalities are the result of shoulder accidents, taking the lives of over 600 Americans a year. These deadly accidents can be caused by a number of factors including: congested roads distracted drivers aggressive drivers impaired drivers inclement weather poor visibility road rage improper road entry pedestrians crossing into the road In light of the tragic accident last weekend and to help prevent similar fatalities in the future, Long Island safety officials are warning all drivers about the dangers of walking or parking on the shoulder of the highway, and what you should do in the case of a highway accident. Getting Out of the Car… A Deadly Mistake It’s every driver’s first reaction to jump out of his or her vehicle after an accident to inspect the possible damage that was done, but safety officials warn drivers to resist the urge. Motorists on the highways are typically traveling at high speeds and focused on getting where they need to go quickly. They may be looking out for obvious highway hazards such as construction cones, emergency vehicles, and maintenance trucks, but pedestrians or parked cars on the side of the road can be hard to see and often off the radar. Secondary Accidents Can Happen Drivers and passengers who remain inside of a car parked on the shoulder are not out of harm’s way. Drivers who are drunk, drowsy, distracted, or aggressive motorists known for attempting illegal passes using the shoulder, can easily strike cars parked on the side of the road causing injuries to occupants. Even more dangerous, most people remove their seatbelts and wander about the vehicle after an accident. In the case of a secondary collision caused by a passing car, these individuals are putting themselves at risk of being ejected from the vehicle and possibly out onto the road. Accidents After The Fact One of the most dangerous road maneuvers to pull off is entering back onto a busy highway. Some drivers who take every precaution to avoid being hit while on the shoulder can still suffer injuries from accidents that happen when they inappropriately merge back into traffic. Cars who are not paying attention and drivers too anxious to get going again can cause serious damage and cause pile-up crashes. What To Do In A Highway Accident If you are in an accident or have a maintenance issue that requires you to pull over on the shoulder of a busy highway, follow these safety tips to keep you and your passengers safe: Stay in the Car Call the police to report an accident, or a tow truck and/or service such as AAA for maintenance issues as soon as you pull over. Remain in your vehicle until they arrive and have blocked off the scene. Keep Your Seatbelts On Ensure everyone in your vehicle remains in their seats with their seatbelts fastened correctly. Seatbelts can reduce the severity of injuries up to 50%. Turn On Your Emergency Flashers Always put your emergency flashers on when parked on the shoulder to alert other vehicles that you are stopped. Pull Over All The Way Make sure your car is far enough over onto the shoulder where passing vehicles cannot easily clip it. Take Your Time Merging Never rush to get back onto the road from the shoulder. Only merge when you can do so safely and pay attention to the cars in all lanes in case someone is lane changing near you. If the maintenance on your car can wait, it’s best to do so. Make a practical assessment of any maintenance issues you experience on the highway. Only park on the shoulder when it’s absolutely necessary before putting you and others in your vehicle in danger. Help Prevent Highway Shoulder Accidents Drivers on the road can help prevent injuries and fatalities resulting from shoulder accidents by slowing down and paying attention. If you see a car or pedestrian on the side of the highway, move over, and encourage other vehicles to do the same to avoid preventable accidents. If you or a loved one has sustained a serious injury from a highway shoulder accident, the law firm of Siler & Ingber will fight back for you. Our expert team of personal injury attorneys has been seeking justice for driver negligence on Long Island roadways for over 20 years. Contact us at 1-877-529-4343 for a free consultation today to review your case and discuss your options.
