Articles Posted in Motor Vehicle Accidents

According to the National Institute of Highway Safety, August 2 is the most lethal day for driving a car in America – with 505 deaths on the day just between 2012 and 2016. As the most common cause of death in America, car accidents tend to peak in the summer, with three of the five most dangerous days occurring during the warmer weather months. Perhaps surprisingly, Thursday 8/2 is the deadliest day of the week to be driving.

The summer is “prime vacation time,” according to Bloomberg, which reported on the federal government’s study. The first week of August, especially, is the most common time for a family to take a road trip in America. According to the researchers, the increase in travelers on the road is essentially the sole cause of the higher accident rate in August. Anecdotal evidence also shows that “driving habits” tend to be more erratic in the summer months – with no icy, dark roads to fear. Other data indicating that August is the most dangerous month for American drivers? According to Nationwide Mutual Insurance, more motorists report claims in August than in any other month.

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An “enforcement blitz” against speeding motorists is expected over the coming week as New York performs its an annual “speed week.” The initiative, funded by the Governor’s Traffic Safety Committee, is entering its ninth year in the Empire State. Now an annual tradition, local police stations take to the streets and ramp up enforcement for driver’s disobeying speeding laws.

According to LoHud.com, Westchester residents should not expect any mercy or “warnings” if they are pulled over for speeding sometime in the next week. In fact, the entire slogan for the week is “Obey the Sign or Pay the Fine,” according to the state government’s website. Speaking on the topic of “Speed Week”, New Rochelle Traffic Unit Supervisor Detective Sgt Myron Joseph told LoHud.com, “Speeding drivers put themselves, their passengers, and other drivers at tremendous risk. Our goal is to save lives, and we’re putting all drivers on alert – the posted speed limit is the law.”

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Following a five-year pattern, New York’s traffic deaths continued to decline during the first six months of the year. From January to June, a total of 81 traffic fatalities occurred throughout the five boroughs. With the exception of motorcycle fatalities, all other traffic fatalities saw a decrease compared to the immediately preceding year. The continued decline is largely attributed to Mayor de Blasio’s “Vision Zero” campaign which aims to reduce vehicular deaths and pedestrian deaths to zero.

Across the city, vehicular deaths have decreased a full 30 percent since 2013. For pedestrian deaths, the decline is even steeper – at a full 45 percent compared to five years ago. According to The New York Times, pedestrian deaths are the lowest since at least 1910, when the city began keeping record of the fatalities.

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Hit-and-run fatalities have seen a marked increase throughout the country as more Americans are bicycling and walking to work, according to the Wall Street Journal. Citing a report released by AAA Foundation for Traffic Safety, the newspaper states that hit-and-run fatalities increased 61 percent between 2009 and 2016. In 2016 alone, 68 percent of the fatalities in hit-and-run accidents were pedestrians or bicyclists. According to the Wall Street Journal, the increase in Americans choosing healthier modes of transportation is the leading cause of the increase in deaths.

According to the National Highway Traffic Safety Administration, there were 1,980 fatal hit-and-run accidents which caused a stunning 2,050 deaths. Both of these numbers represent record highs, according to the federal agency which has been tracking these statistics for over four decades. Overall, there were 40,000 traffic fatalities in 2017 – the second year the rate of fatalities has seen a significant increase, and following years of declining deaths in traffic accidents.

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A recent study suggests that marijuana use may cause fatal car accidents. The study, released by JAMA Internal Medicine, found there were more fatalities and car accidents on April 20, a “holiday” of sorts for cannabis enthusiasts, compared to the same period of time a week beforehand and a week afterward. This study comes on the heels of an increasing push by legislators and public policy experts to determine the effects of marijuana on driving habits, and consequently, to establish an objective standard for measuring intoxication by the drug.

To measure the effect of marijuana on car accidents, the researchers gathered data on car accidents on April 13, April 20, and April 27. April 20 is widely “celebrated” by marijuana users, and 4:20 PM on that day is traditionally regarded as a time to imbibe on the once-illicit drug. Consequently, researchers looked at the number of car accidents between 4:20 PM and midnight on April 20 and compared the results to the statistics during the same time period a week earlier and a week later.  The researchers compared the data over a 25-year period and in several different locations throughout the country. The results showed a 12 percent overall increase in fatal accidents between 4:20 PM and midnight on April 20. Further, the increase in car accidents was particularly notable in drivers under the age of 20. New York, along with Texas and Georgia, saw the sharpest increase in fatal car accidents on April 20.

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A Queens mom has sued New York City for a missing stop sign that caused the Uber she was riding in to crash, injuring herself and her one-month-old son. The mother, Oddeth Davidson, was traveling with her infant son, Kaiden Brown, in a ride-share vehicle when another car T-boned the Uber in Cambria Heights at the intersection of 225th street and 120th Avenue on January 11, according to the New York Post. According to the lawsuit, the Department of Transportation’s negligence in failing to replace the stop sign, which had allegedly been missing for several months, caused the accident and should, therefore, be responsible for the damages.

In total, Davidson is suing for $45 million in damages – $30 million for her child’s injuries, $10 million for her own injuries, and $5 million for the anticipated costs of caring for her brain-damaged child. The car accident left the young infant with traumatic brain injuries, seizure disorder, and a neck injury from the crash, according to the New York Post. “He is under the care of a neurosurgeon and a pediatric neurologist. This could be catastrophic and affect him for the rest of his life,” Davidson said of her infant child.

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The family of Isaac Ward, the 27-year-old man killed in a drunken car crash by a New Rochelle police officer, filed a lawsuit against the cop and the three bars that over-serving the police officer in January 2017. Penelope Ward, Isaac Ward’s mother, said the police officer, Harry Kyreakede, and three local bars – Brazen Fox, Brother Jimmy’s BBQ in White Plains, and Celtic Corner in Dobbs Ferry – should be held responsible for the death of her child because of their “negligence, recklessness, and carelessness.”

drunk-driving-300x150Kyreakede was sentenced last year to two-and-a-half to seven years in prison for driving while under the influence last month. A full two hours after the car crash, Kyreakede blood alcohol content, or BAC, was 0.20 percent – more than two times the legal limit of 0.08 percent in New York state. Continue reading

distracted-drivingThe number of car accidents in America has steadily increased since 2014, reversing a previous downward trend on America’s roadways. Experts believe that an increase in distracted driving is largely to blame for the increase in car accidents – pointing to the rise of cell phones, in particular.

Distracted driving is a catch-all term for whenever a driver is not focused on the roadways. While this obviously includes activities such as texting and driving or putting on makeup while commuting to work, distracted driving encompasses many more activities. A driver may be distracted if they are changing the radio station, inputting an address into their navigation system, or having an emotional conversation that distracts the driver from concentrating on the road. Experts believe that, since there is no test to measure what a driver was concentrating on at the time of an accident, the number of accidents caused by distracted drivers is woefully under reported.   Continue reading

Governor Andrew Cuomo has moved to limit the factors car insurers may use when determining a driver’s car insurance rate. The new regulation follows a report by the Department of Financial Services (“DFS”), which Gov. Cuomo had tasked with investigating the issue, detailing that some, but not all, of New York auto insurers utilize an applicant’s education and occupation as factors when determining insurance rates.

This often results in indivgavel-small-300x200iduals with lower educational levels or those working in low-paying occupations having to pay higher rates. According the Cuomo administration, these higher rates are unjustified because there is insufficient evidence that a person’s education or occupation is indicative of his or her driving ability. Lacking sufficient justification, Gov. Cuomo stated that the use of such factors was a violation of Insurance Law provisions which prohibits insurance rates that are “excessive, inadequate, or unfairly discriminatory.” Continue reading

In 2012, a Long Island man, Daniel Sajewski, rammed his father’s red Mercedes-Benz through a Huntington house, narrowly missing the two elderly sisters that lived in the residence. Sajewski was, perhaps predictably, intoxicated – blowing an off-the-chart 0.30 on a breathalyzer, far exceeding New York’s 0.08 limit. In addition to losing their belongings (including a wedding band that could not be located in the rubble), the accident left the two 90-year-old sisters homeless for several months. In 2013, the judge sentenced Sajewski to one-and-a-half years to three years in prison.

carcrash-300x181More recently, State Farm, who insured the house that was destroyed, has decided to pursue legal action against Sajewski’s father, the owner of the vehicle. State Farm is seeking $180,000 from the father to reimburse it for the money spent on repairing the home. State Farm is able to pursue this claim because, under New York law, the owner of a vehicle is liable for the damages caused by its drivers – so long as the driver has the owner’s permission to operate the vehicle.  According to the statute, the permission can be expressly stated or implied.

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