Staten Island Injury Law : New York Personal Injury Lawyer & Attorney : Frank Dito : Decker, Decker, Dito & Internicola Law Firm : Traffic Accidents, Transportation Safety

Many of you have heard about the Bronx tragedy where two small children suffered carbon monoxide poisoning as they sat in their car as their mother cleared it of snow. The car was running to keep the small children warm while the most recent snow fall was removed from around the car. What the children's mother didn't realize was that snow had blocked up the tailpipe, causing dangerous carbon monoxide to vent into the closed car.

When clearing snow, before starting your car, make sure that you have removed the snow from around the tailpipe. If you are unsure, leave a window slightly open if you are sitting in your car with the engine running, waiting for it to warm up. This will allow any carbon monoxide to escape while providing you with fresh air. Even if your car's tail pipe appears to be clear, small holes in the exhaust system may also allow carbon monoxide to enter the passenger compartment. If you are lucky enough to have your car in a garage, limit the time how long you keep the car started as exhaust fumes will eventually work their way into your house, placing your family at risk. Make sure that you have working carbon monoxide detectors on all floors of your house. If the alarm goes off, open the windows and get out of the house.

Carbon monoxide provides no warning; it is colorless and odorless, rendering you unconscious if you are exposed to high enough levels. Once you slip into unconsciousness, unless someone moves you into fresh air, your chance for recovery from carbon monoxide poisoning is poor. Since more snow is expected in the coming weeks, please take a few minutes to ensure you and your family's safety during this dangerous winter weather.

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Many Staten Island residents woke to a sprinkling of snow on the ground and on their cars this morning. Those in the more northern and western areas of the City received up to 4" of unexpected snowfall. Along with the pretty-looking snow comes the all-too frequent car accidents caused by cars and trucks not being able to stop in time or skiddingand losing control. Many drivers of SUV's or all-wheel drive cars seem to believe that they are able to drive without any change to their normal speed under snow conditions. Unfortunately, this is not true at all and the lesson is usually learned the hard way by SUV drivers.

All-wheel drive will definitely provide you with more traction under slippery conditions, allowing you to pull out from your driveway or start up from a red light but you still will have just 4 wheels on the ground to stop with. Despite all-wheel drive and traction control, its the 4 "contact patches", where the tires meet the road, that help you to stop. Having all-wheel drive does not mean that you have any better braking or steering ability than a similarly equipped 2-wheel drive car. Despite having the most technologically advanced car, nothing will stop your car from skidding if you hit a patch of black ice. In fact, as SUV drivers tend to drive faster, they are more commonly involved in rear-end collisions during snow and/or ice conditions.

As Staten Island seems to be dominated by hulking multi-passenger SUV's that seem to drive too fast when its not raining or snowing, the potential for accidents during the winter driving season is extreme. As we are unable to prevent SUV's from driving in bad weather, except in the most extreme snow-emergencies where the streets are closed, driver's need to change their behavior. Tailgating a slower moving car in a snow storm will only lead to an accident when the car in front slows down. Remember, you will not be abel t stop any quicker. Driving after a snow storm, especially when ice has had the opportunity to melt and re-freeze, may cause you to encounter black ice, which is nearly invisible but very dangerous. If you are driving too quickly, you may not be able to stop or lose control all together, endangering yourself and other drivers and pedestrians on the roads. We cant stop mother nature but we can all do our best to stop reckless winter driving. Lets slow down and enjoy the snow. Better yet, don't drive unless you absolutely have too.

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In what can only be called a troubling sign of the times, the Fire Department of the City of New York has announced a "crash tax" that will take affect next summer. The crash tax essentially charges anyone involved in a car accident needing FDNY assistance from $365 - $490, depending on the severity of the accident. The FDNY has said that the purpose of the crash tax is to relieve the burden of the taxpayer from footing the bill for emergency response and to place it on those that were at fault and their insurance company. Despite the FDNY statements, all drivers are going to be charged, regardless of whose fault the accident was. Ambulances in New York City already charge $400 - $500 for transportation to a hospital and the crash tax will double that bill.

Will this lead to some other, outside determination of liability or fault by a City of New York agency? Will they review the police reports and try to determine fault? If such a panel is ever created, that would create a third forum in which fault is decided, adding to the arbitration agreements between your insurance company and any lawsuits resulting from the car accident.

Some have questioned whether car insurance would actually cover the cost of the crash tax. In New York State, each and every car insurance policy includes coverage for economic losses resulting from a car accident. This coverage, known as no-fault, currently pays for the ambulance bill, regardless of who was at fault. I would see no reason why the current no-fault law would deny payment of the crash tax.

Will your insurance go up? Probably. Will there be an outcry for tort reform, blaming accident lawyers for your increase in insurance premiums? Absolutely. What is really happening here is that a cash-strapped municipality is seeking to close a budget gap by going after insurance. The City of New York is one of the most aggressive in defending lawsuits for personal injuries, frequently stating that settlements are passed on to the taxpayer. They are now forcing consumers into the same predicament as insurance carriers are definitely going to pass on the increase through higher premiums. Although the City has the opportunity to defend themselves before they have to pay money, they have magically taken away your right to do so, charging everyone. Is that fair?

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Once again, Hylan Boulevard was the scene of 2 serious accidents over the Thanksgiving Weekend, resulting in the death of an 82 year old woman and leaving a 72 year old driver in serious condition. The accidents occurred at opposite ends of Hylan Boulevard, Steuben Street in Grasmere and Woods of Arden Road in Eltingville. What both areas have in common is that the traffic usually thins out in those areas, allowing cars to go racing along at highway speeds. What can be a close call for cars traveling at the 35 m.p.h. speed is a tragic accident when a car is traveling at 50 m.p.h. and above.

Once again, my previous posts about how Hylan Boulevard is more akin to a highway than a street, allowing cars to drive recklessly at speeds rivaling that of Staten Island highways. These accident were not caused by a faulty road design, a blind spot or even the need for a traffic light where there is a stop sign. Instead, these accidents are solely the fault of driver's speeding along Hylan Boulevard. Again, police have set up patrols in an effort to slow people down but to no avail. People need to change. No longer is it acceptable to tailgate that car going 35 m.p.h. because you want it to go faster. Its the speed limit. Its the law. We all need to follow the law as its our only way to prevent more accidents from occurring in the short term.  

The City of New York has said that a red traffic arrow, in addition to the already present green traffic arrow, stopping cars from making a left hand turn will help to prevent accidents at the Steuben Street location. Over the last 18 months, 3 fatal accidents have occurred at the intersection. The cause of the accidents has been attributed to the same cause, namely cars trying to make a left hand turn across Hylan Boulevard. Since the City is obviously aware of the problem and has even proposed some sort of remedial action, my question is, "When?" How long does it take for the City to add a 2nd arrow to the light?  This is the 3rd death in little over a year -  do we have to wait for a 4th? The City needs to move faster to solve this problem, especially since they know the answer already.

In the meantime, will all the speeding along Hylan Boulevard - those 5 minutes you may save - be worth it if you kill someone in an accident? Could you forgive yourself? What if someone took the life of your family member because they were speeding. How would you feel? Please, please, slow down!

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The City of New York, taking the lessons learned from the lawsuits resulting from the October 2005 crash of the Andrew J. Barberi, has once again sought to limit their liability from the May 8, 2010 crash of the same ferry boat. The City of New York recently filed a petition in federal court in Manhattan asking that court to limit their liability to $14.4 million, the estimated value of the ferry boat. The petition, filed under the Limitation of Liability Act of 1851, also has the effect of consolidating cases filed in New York State courts into the federal court arena.

The City is once again claiming that the crash, which injured 32 people, simply wasn't their fault. Although the Barberi has had a history of crashes, the City is arguing that the American Bureau of Shipping certified the ship as seaworthy and they did nothing wrong in causing the crash. As this blog has previously posted, a subsequent NTSB investigation (pdf) revealed that samples of the oil used to control the steering engine were highly contaminated. This contamination caused the propulsion valves to become sluggish, possibly causing the steering system to fail. In fact, shortly after the crash, the United States Coast Guard issued a Safety Alert recommending that the two oil filters on the propulsion engine be changed periodically. Despite the Andrew J. Barberi being in service since 1981, and the fact that the Manufacturers Owners Manual requires regular replacement, maintenance engineers NEVER once changed the filters in 29 YEARS! For the City of New York to now claim that they bear no responsibility for the crash is totally disingenuous.  Their maintenance department failed to change a necessary component, apparently never taking the time to read the owners manual in the 29 years that they owned the ferry boat.

Unfortunately, what what the City is really trying to accomplish is to take these injury cases away from a jury and to use the pressure of the federal courts to force settlements upon the claimants. In the October 2003 litigation, the City's petition to limit liability was defeated as the federal court found that the Department of Transportation did not even enforce their own rules requiring two-pilots to be in the wheelhouse, a direct cause of the crash. This situation is no different. As was the case in 2005, I don't believe the City has any hope that their petition will be granted. What they hope is to have all the cases filed in federal court and by the time the petition is decided, it would be too late to go back to the State court. The City is hoping that a federal judge wont punish them for their neglect like a jury of our citizens would. Once again, the City is playing with your safety by cutting costs and then attempting to reduce their liability for the injuries they caused. I hope the federal courts see through this game and deny the petition, sending the cases back into State court.

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As a lawyer who deals with serious and tragic injuries on a daily basis, and company bean-counter mentality, I was still shocked to read about the tragic deaths of two young sisters in a fiery head-on collision. The accident happened in 2004 while the sisters were in a PT Cruiser rented from Enterprise Rent A Car branch in Capitola, California.

The 2004 PT Cruiser had been recently recalled by Chrysler a month before Enterprise rented it to the sisters. The safety recall was for the immediate replacement of a power steering hose that could fail, leaking power steering fluid onto the catalytic converter, causing loss of steering and igniting a fire under the hood. Renting cars with a known safety defect was common practice for Enterprise. After a recall, Enterprise rented the car at least once before it was taken in for repairs, even though they may have known of the recall at least a month earlier. Couple this with a practice of routinely "over-booking" reservations and the result is that these cars were on the road all too frequently instead of being repaired. 

New car dealers are not allowed to sell a car under a safety recall unless the safety issues are fixed. Rental car companies are not held to the same standard and can rent a recalled car to an unsuspecting consumer. One has to question why rental car companies are not held to the same standard? Enterprise has four branches on Staten Island. As they rent numerous cars weekly, Enterprise can be putting dozens of potentially dangerous cars on Staten Island roads. As this all boils down to a "bean-counter" argument, the risks were certainly discussed but again, in the end, company profits won out over consumer safety. If a car is not rented, it is not making money. This affects their bottom line.

Enterprise determined that it would be cheaper to pay for the injuries that their actions caused as opposed to taking these cars off the lots and repairing them immediately. Even after a jury awarded $15 million to the estate of the two young sisters, Enterprise has no plans to change their practice. We need to demand to our local representatives that the rental car companies be held accountable to the consumer and to other drivers on Staten Island roads. Even if you don't have any plans to rent a car, you may be sharing the road with a potentially dangerous vehicle.

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With Halloween right around the corner, I am taking this time to urge Staten Island driver's to be extra careful this weekend. As a driver, expect the unexpected on Sunday. Young children, excited about endless bags of candy, have a tendency to forget about everything else, including how to safely cross the street. We need to be vigilant, especially as the sun sets and darkness prevents driver's from seeing trick-or-treaters, especially those wearing dark costumes. As a homeowner, we also need to make sure that our homes are safe for the little visitors who will anxiously run to our doors to yell "trick-or-treat." As parents, we need to make sure that our children are safe by making sure that their costumes fit properly, are reflective and flame retardant. I have include a list of tips to make this Halloween safe. Please follow them. Please have fun and be safe!

10 Tips to Make Your Halloween Safe!

1. Swords, knives, and similar costume accessories should be short, soft, and flexible and not easily mistaken for the real thing.

2. Avoid trick-or-treating alone. Walk in groups or with a trusted adult. Enter homes only if you're with a trusted adult. Otherwise, stay outside.

3. Fasten reflective tape to costumes or use reflective trick or treat bags to help drivers see you at night.

4. Examine all treats for choking hazards and tampering before eating them. Limit the amount of treats you children eat. Remind your children not to eat any treats until they get home.

5. Host a Trick-or-Treat party at your home. Plan games for the adults and children to play and ask each family invited to the party bring along a different bag of candy to share with your guests.

6. Hold a flashlight or glow stick while trick-or-treating to help others see you at night.

7. Look both ways before crossing the street. Use crosswalks wherever possible. Only walk on sidewalks and not in the street to stay safe.

8. Wear well-fitting masks, costumes, and shoes to avoid blocked vision, trips, and falls. Instead of a mask, wear face makeup. If masks are worn, make sure that they have nose and mouth openings and large eye holes.

9. Eat only factory-wrapped treats. Avoid eating homemade treats unless you know the person who gave them to you.

10. Never walk near lit candles or jack-o’-lanterns. Be sure to wear flame-resistant costumes. Although flame-resistant does not mean these items won't catch fire, it does mean the items will resist burning and should go out quickly once removed from the flame. Remember, flame-resistant doesn't’t mean fire-proof!

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The temperature is dropping and its starting to get dark by 6:30 which means that fall is upon us. Along with the changing of seasons, a new danger is presented to Staten Island drivers: falling leaves. Leaves on a roadway normally present little problem. However, add a little rain to those leaves and driving may becomes somewhat more of a challenge. Wet leaves can make steering, stopping and braking very difficult, especially when approaching an intersection or stop sign. Add an incline and it is even difficult to accelerate away from a stop sign without skidding. I know many auto body repair shops that look forward to this time of year and the accidents that the falling leaves cause.

To help make your fall driving safer, make sure that you change your wiper blades and check your tires and brakes. Falling wet leaves can stick to your windshield and old blades may not sufficiently clear the glass, obstructing your vision. Also, a check of your tires will ensure that they have enough tread on them to keep in contact with he pavement. When approaching an intersection, start to slow down well before you need to stop if you see leaves on the ground. When pulling away from a stop sign, be cautious as you may lose traction, compromising your ability to merge into approaching traffic.

With most cars on the road today being equipped with anti-lock brakes, it is important that you don't pump the brake pedal when you are on a slippery surface. Pumping the brakes will only reduce traction as the car's computer system will automatically adjust the braking pressure to compensate for the slippery surface. Anti-lock braking systems also allow you to steer while you are braking, enabling you to steer around a potential accident. 

Even without rain, leaves can obscure potholes, curbs and other street markings from view. Fall is a difficult time for driving as earlier sunsets make seeing pedestrians much more difficult at twilight, especially children who are coming home from after-school events. Please be careful and make sure that your car is properly maintained. The few dollars that you spend in buying new wiper blades may prevent a serious accident.

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An 83-year old widow was struck by a car on Friday as she attempted to cross Forest Avenue on her way to the beauty parlor. Accidents do happen but the circumstances surrounding this one clearly show Staten Island driver's lack of common courtesy and their sense of entitlement to drive a car.

Margaret Walsh was attempting to cross Forest Avenue when a passing driver decided to stop her car and extend common courtesy by allowing Ms. Walsh to cross in front of her,  As all too often happens, while one driver is courteous, another driver is bound to be in a rush or too distracted to realize what is occurring. These drivers switch lanes and pass the stopped car on the left or right hand side, usually with tragic consequences. We have all seen an accident happen or almost happen when driver's in the opposite direction stop to let a car make a left turn in front of them. As always, there is always another driver that is too distracted or impatient to let the car make the turn. They cross over into the right hand lane and shoot past the stopped car. If the car making the left  has started already to turn, it may be too late to avoid the accident.

In what is becoming an all too common occurrence, the driver of the other car was driving with a suspended license. This news no longer bring about the shock that it once did as serious accidents involving drivers with suspended licenses has become all too common. Peter and Lillian Sabados and Roxanne Murano were struck and killed on Staten Island by drivers with suspended licenses. The papers are filled with scores of accidents involving drivers with suspended licenses that fortunately have not resulted in the loss of life.

Also, the license plates on the car that hit Mrs. Walsh were from South Carolina, which usually means that although the car is registered in South Carolina, it is probably used primarily on Staten Island. Cars insured in other states generally have lower insurance costs than New York. South Carolina requires that every car insured in the state have minimum policy limits of $25,000/$50,000. This is the same minimum as required in new York State. However, some states, such as Virgina, allow drivers to drive uninsured cars, simply by paying a $500 fee! Because more and more drivers are driving without insurance or without enough insurance, you need to check your own insurance policies. Please read my free book, A Lawyer's Guide to Car Insurance, and contact me for a FREE insurance policy review. Do so now before its too late.

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A salvage claim by a tug boat and its crew for coming to the aid of the Staten Island Ferry Boat Andrew J. Barberi when it crashed into a concrete maintenance pier, was sharply reduced, surprising the attorneys for the claimants and the City of New York. The tug boat, Dorothy J., and its two-member crew, Robert Seckers and Paul Flecker, were awarded $46,203.00, in stark contrast to the $6 million demanded in their lawsuit. The Dorothy J., under the control of First Mate Robert Seckers, claimed that their efforts to bring the Barberi under control after the crash entitled them to an award of salvage. Salvage is a theory wherein a person efforts are rewarded for coming to the aid of or rescuing a ship or its cargo from an impending peril.

The tug boat's owner and its crew claimed that their efforts in pushing the crippled ferry back into its dock, approximately 35 minutes worth of work, entitled the owner and its crew to a substantial award, based upon the value of the ferry boat itself.  Judge Edward Korman disagreed, saying that the crew's actions did not amount to pure marine salvage as the Barberi was never in any danger of sinking or colliding with another vessel. Also, the tug's owner, Henry Marine, already was under a contract with the City of New York to provide towing services, including helping stranded ferries.

Seckers still has a personal injury suit pending against the City of New York for post-traumatic stress disorder. His claims stem from the gruesome scene he witnessed after tying up the Dorothy J. to the side of the Barberi.

The law of salvage was created to help make the risk of saving a vessel in peril worthwhile to the potential salvor.The large salvage awards also are intended to encourage the return of the recovered cargo. While the advent of the Coast Guard and modern shipbuilding techniques may have changed salvage theory forever, one would hope that the real reasons for the law of salvage have not been forgotten; to encourage the saving of life and property in peril at great risk to the salvor. Without the potential rewards, will salvors be so quick to risk their own life and property?

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It looks like the Verrazano Bridge isn't the only bridge that presents a danger to Staten Island commuters. Newly released data from the Port Authority shows that a whopping 2,400 accidents, or 55% of the Port Authority total, happened last year on the Goethals Bridge. Many of the accidents were rear end collisions and sideswipes, caused by the bridge's narrow lanes and the lack of a shoulder.

The lanes on the Goethals Bridge are only 10 foot wide, compared to 12 foot wide on newer bridges. In fact, AAA voted the Goethals Bridge as the 3rd worst bridge in New York because of the narrow lanes and the presence of deep grooves in the pavement from the heavy car and tuck traffic that the bridge experiences. With a replacement years, possibly a decade, away, the Port Authority is scrambling to find a temporary fix.

Recently, the lines on the bridge were repainted from dashed to solid, which prohibits lane-changing, in an effort to reduce sideswipe accidents. However, it seems that the change has not brought about any reduction in the amount of accidents that happen on the span. Besides the new solid lines and an eventual resurfacing of the roadway, the only real fix is the construction of a new span, with 3 wide lanes that will enable traffic to move safely across. Until the time that a new bridge can be built, drivers need to take care when driving across the bridge. Don't switch lanes unless its an emergency and take care to leave enough space between you and the car in front of you so that you can safely stop in an emergency. Be prepared when driving over the bridge because for the next 5 to10 years, we are the only ones that can protect ourselves from this dangerous bridge design.

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A tragic car crash early Sunday morning took the lives of 19 year old Daniel Peluso of Great Kills and 20 year old Jeffrey Capretta of Woodrow and injured 4 others. Apparently, a Nissan Altima owned by Peluso was being driven by one of the car''s occupants at the time of the accident. The 6, of which only 2 were of the legal drinking age, were coming from the Clubhouse Lounge, a bar on Arthur Kill Road. The car, estimated to be going almost 90 m.p.h., fishtailed and wrapped around a utility pole, ejecting two people from the car.

I can't imagine losing a child and the pain that their families are going through right now is unbearable. My condolences go out to the Peluso and Capretta families in their time of mourning. I hope that the other occupants of the car are not seriously injured and recover quickly, although the mental pain and anguish that they have suffered will most likely never go away.

For those of you that are reading this blog post, please always wear your seat belts, wherever you are sitting in a car. Its not known if seat belt use could have prevented the tragedy that occurred that night but statistics have shown that seat belts save lives; its not open for argument anymore. Don't drink and drive and don't get into a car driven by anyone who has been drinking. It is yours or your child's life that can be at risk. Make sure that they know the dangers. I am not naive enough to believe that we can stop underage drinking but we can make sure that our children know the consequences.

Our children need to be made aware of what can happen when driving a car, without the tragic examples that have become all too common on Staten Island. Speeding, drinking while driving, running red lights and other reckless behavior seems to be an all too common occurrence on Staten Island. Please speak to your children about driving. The conversation that you have with them just may save a life. Do it today before its too late.

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The recent accident involving a 4-year old Arden Heights boy underscores the need for back-up cameras to become standard equipment in all cars, especially SUVs.  The website, KidsandCars.org, reported that as many as 62 children could sit on the ground behind some SUVs without being seen by the driver in the rearview mirrors. Most of these "backover" accidents, in which a car backing up strikes a person behind the car, happen in the one place where you would least expect them - in your driveway. At least 100 children are killed each year in driveway backover accidents and another 2,400 are seriously injured the same way.

The blind zones behind new cars and SUV's are shocking. A blind zone is the distance behind the vehicle until the driver can actually see the ground. Consumer reports measured the blind zone (pdf) of a Jeep Commander as an incredible 69 feet! Other SUV's and pickup trucks ranged from 13 feet to 35 feet. These distances are sometimes longer than the driveway the cars are parked in. The good news is that the installation of a backup camera virtually eliminates the blind zone behind the car.

Too often, a back up camera is included as part of a more expensive equipment package that makes a vehicle too costly to afford for many people. However, with the passage of the Kids Transportation Safety Act of 2007, vehicle manufacturers are required to be in compliance with federal rearward visibility standards. Although no technology is mandated to be in compliance with the standards, many manufacturers are providing rear-view cameras as standard equipment in new cars. The inclusion of the technology in new cars helps to reduce the occurrence of backover accidents but it still leaves tens of thousands of cars on Staten Island that are without a camera. These include the Hummer SUVs, large pickup trucks, Jeep Commanders and Cadillac Escalades. Many of these vehicles that are on the road today do not have backup cameras and still pose a great danger to small children and pedestrians walking behind them. Since the federal legislation is not intended to be retroactive, older cars and trucks will be exempt from the new federal standards.

Those who own a car or SUV with restricted rear visibility should consider the installation of an aftermarket backup camera. Backover accidents are a very real danger that does not receive the necessary attention necessary for real change. These cameras, wired or wireless, are cheap, safe and reliable and easy to install. For a price under $100, you could potentially save a life, possibly your own child, from a backover accident. Please consider installing an aftermarket camera if you live on Staten Island.

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Local streets around Staten Island are being repaved in time for the start of the school season. The repaving involves what is known as milling, which is the removal of multiple layers of asphalt, sometimes a single lane at a time. The milling creates a rough and uneven surface between lanes that last for days at a time. It also removes the lane markers and crosswalks, which makes it very difficult to drive in your lane, which now amounts to a judgment call by drivers.

Hylan Boulevard, a dangerous street even when lane markers are present, is currently undergoing the milling and paving process. When the road is milled a single lane at a time, the difference between the milled surface and paved surface can be as great as 5 inches. When the inside of your car's tires get caught between these surfaces, it is very difficult to steer and takes substantial effort to have all 4 of your tires put back onto an even surface. Sometimes, these differences are not exactly where the lane markers once were. When a car is driving next to another vehicle, and the car's wheels drift off from the paved surface to the milled surface, accidents can result when the cars are drawn together. Accidents also happen when lane markers are removed, especially at night. Since Hylan Boulevard is a multiple-lane street, cars driving may drift into another lane, causing an accident.

Another hidden danger lies in the milled areas that surround manhole covers and gas and water access covers. Since these objects are made to be level with the new pavement, they naturally will rise above the surrounding pavement when milled, creating a dangerous condition for those driving and walking on Hylan Boulevard. I have had cases where a car was actually stopped in its tracks when its chassis hit the ten raised manhole cover on a street awaiting re-pavement. These conditions don't go away over night. Instead, the surfaces remain in that condition for days at a time before they are repaved, which is too long for Staten Island residents. I appreciate the City's attempts to maintain our infrastructure but I feel that getting to the "cure" creates too great a danger.

If you are involved in an accident on a freshly milled roadway, the City of New York may bear some responsibility for your injuries. It is important that you get in touch with a lawyer as your time to file a claim is limited by law.

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Silive is reporting that a police car was involved in a crash with an SUV today in the Eltingville section of Staten Island. No life-threatening injuries were reported but the police officer was transported to the hospital. The facts and circumstances of the accident are unknown at this time, except that a police car was involved.

In New York City, you may be surprised to learn that in order to hold a police vehicle liable for causing the accident, their actions must be "reckless." Courts have held that "mere violations of the rules of the road do not rise to the level of recklessness" to hold an emergency vehicle liable. If an emergency vehicle proceeds through a stop sign or red light without stopping and does not have its lights or sirens on, a jury could conclude that the driver showed a reckless disregard. If the lights and sirens are on, and the police vehicle is in pursuit, courts have held that the driver's behavior is not reckless even if they are speeding (50 m.p.h. on a City street) or fail to stop at a red light or stop sign.

Police vehicles, ambulances and Fire Department vehicles are emergency vehicles as defined in the New York State Vehicle and Traffic Law 114-b when driving in an emergency operation. The courts have held that emergency operation includes pursuing an actual violator of the law, transporting a sick or injured patient or responding to a fire.

When you are involved in an accident with an emergency vehicle, it is very important that you speak with a lawyer as soon as possible. Your lawyer will have to notify the appropriate New York City agency to preserve the records of the emergency call that the vehicle was responding to. These records may help to prove that the emergency vehicle was not in an emergency operation. The City retains these records for a short time and your lawyer must seek to preserve them immediately.

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The City of New York is expanding a pilot program that installed countdown clocks at longer intersections, letting pedestrians know how much time they have left to cross the street before the light changes. At intersections with longer crosswalks, pedestrians, especially the elderly, were unable to finish crossing the street before the light changed. Many Staten Island residents know how dangerous intersections, such as Hylan Boulevard and New Dorp Lane, can be if you are still in the street when the light changes. In fact, that intersection was one of the first to be installed under the pilot program because of the high rate of pedestrian/car accidents that occurred at the Staten Island intersection.

Within the next month, 1,500 intersections throughout the City will get the countdown clock. Each year, there are more than 5,000 pedestrian traffic deaths in the United States. The countdown clocks aim to help reduce pedestrian deaths at intersections by letting a pedestrian know just how much time is left to cross so they can make a safer decision whether or not to wait for the next traffic light cycle.

The U.S. Department of Transportation has mandated that countdown timers be installed in certain intersections by December 22, 2013, or sooner if the current equipment needs to be replaced. The City of New York will begin to install the countdown timers this month and will also implement speed reductions to 20 m.p.h. in certain neighborhoods that have high accident rates. Again, as we can't make the driver's safer, we need to find other ways to protect pedestrians. The New York City Pedestrian Study and Safety Action Plan is a major step forward towards protecting the hundreds of thousands of pedestrians that use our roadways each day.

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This Sunday, the final part of the groundbreaking "Leandra's Law" is taking effect. Leandra's Law was named after Leandra Rosado, an 11-year old girl who was killed in a drunk driving accident in 2009. Little Leandra was a passenger in a car driven by a family friend, Carmen Huertas, who was drunk at the time, lost control, killing Leandra. The law, described as the toughest in the nation, makes it a felony to drive drunk with a child under 15 years of age in the car. The second part of the law will require that anyone convicted of a DWI, even a first time offender, will be required to install and maintain and ignition interlock that will prevent the car from being started if the driver has been drinking.

My question is what took so long? The bill was stalled in the New York State Senate, where a weaker bill was preferred, until public outcry convinced the legislature that the tougher version needed to become law. If one child could have been saved in the time that the bill was stalled, we are already too late. Who do we protect by not passing the bill? Drunk parents? Bars? Aren't we supposed to protect those that can't protect themselves?

If a parent drives drunk with a young child in their car, they obviously aren't able to make rational decisions. Since they cannot protect the young child, we have to. I haven't looked and don't really want to know the actual numbers of repeat DWI offenders, let alone the number that have caused serious injuries or death to innocent pedestrians, driver's and passengers on a second or third offense. These laws were brought about by the deaths of young children, and hundreds of others who were victims of drunk drivers. We need to move quickly to address the causes of these crimes and how to prevent them. This is only a first step but we have to start somewhere.

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Staten Islander's awoke this morning to the tragic news of another fatal accident on Hylan Boulevard. A woman was killed when the mini-van she was riding in (it's not yet clear if she was the driver or a passenger) flipped over after colliding with a late model BMW 745i. The woman, Nadwa Fayad, was apparently ejected from the mini-van, which then rolled over on top of her.  The mini-van was making a left turn from Hylan Boulevard onto Stueben Street when the accident happened. The 27-year old driver of the BMW and the other occupants of the mini-van were taken to the hospital with non-life threating injuries.

As I have blogged about numerous times, please always wear your seatbelt, no matter where you are sitting in the car. Almost 40,000 people are killed each year on the nation's roads, about 1/2 of which may be preventable if seat belts were worn. From 1975 - 2007, seatbelt use has saved the lives of over 240,000 people. Seatbelts save lives - its no longer open for debate. Buckling up should be as routine as starting the car before driving.

I tell jurors all the time not to "pre-judge" the case before they hear all the facts. but in this case, it's hard not to pre-judge. We have a young driver, in a very expensive car, with at least 325 horsepower, on Hylan Boulevard, a street more akin to a highway than a "Boulevard." We are all going to think that the BMW was speeding, and that the driver of the mini-van saw him too late. The high rate of speed made it impossible for anyone to avoid the impact.

Last year, this same intersection claimed the life of another Staten Island resident. In fact, residents have labeled this intersection as dangerous and suggest putting in a dedicated left-turning lane. The all too frequent accidents on Staten Island have lead some residents to start their own facebook page, Hylan Boulevard - Staten Island Death Trap, in an effort to help stop the frequent accidents on Staten Island's "Boulevard of Death." Please, we all need to slow down and be aware of what is going on around us. We all drive in a world of too many distractions, causing driver's to lose their focus for a precious few seconds, which can be the difference between avoiding an accident or ending up in tragedy. This Island is over-crowded with too many cars and too many people. This is a combination that all too often results in accidents. Staten Island is no longer a piece of the country like many native residents felt it was. The overall attitude about driving needs to change - its not acceptable to run a red light or speed along Hylan Boulevard, no matter what time it is. There are only so many police officers to go around - the change needs to come from within.

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A federal judge has awarded $500,000 to Michael Grynberg, a 40 year old Staten Island resident injured in the crash of the ferry boat Andrew J. Barberi on October 15, 2003 for what the headline states his injuries "stopped him from dating." The purpose of the article is clear; its not to report news but to comment on what a reporter thinks is another case for "tort-reform." The report summarizes the claim in that it is alleged that Mr. Grynberg's injuries have hampered his social life. The article also discloses that Mr. Grynberg has previous lawsuits, which somehow discredits any of his claim.

The judge, Frederic Block, noted in his decision that Mr. Grynberg suffered a jaw injury that forces him to eat liquids and pureed foods. The jaw injury caused Mr. Grynberg to break off his engagement and to avoid dating all together. The "social changes" that the jaw injury caused were the reason for the Judge's award.

In order for Mr. Grynberg to make these claims, his attorneys were required to present evidence as to what caused the jaw injury and how it has affected him. The proof requires the testimony of a physician and the introduction of Mr. Grynberg's medical records. The City of New York was entitled to present their own physician to testify as to his opinion of Mr. Grynberg's injuries. As the trial was what is known as a "bench trial", meaning that the judge decides the case, it's obvious that the Judge Block believed Mr. Grynberg and his physician, finding their testimony more credible than the City's witnesses.

What i have been unable to understand is why a person's previous history of lawsuits makes any difference as to their credibility in bringing another claim. People differ in their view of lawsuits and citizens rights to bring them. People also differ as to what is the just compensation for someones injuries. We can all agree that most of us were not in that courtroom during the trial and that we have not experienced what Mr. Grynberg is going through. We instead have made our decision regarding his claim from reading a 5 paragraph newspaper article, while Mr. Grynberg has been living his life for 7 years. What if you lost your fiance because you were riding the Staten Island Ferry when it crashed into a concrete dock, all because the City of New York didn't follow their own rules? What if you needed to eat pureed foods or liquids because your jaw hurt too much to chew? Would you take his claim so lightly? I would hope not as although it may not seem like very significant to you, someones enjoyment of their life was changed forever.

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This blog wrote about the most recent crash of the ferry boat Andrew J. Barberi. In that posting, I questioned whether the ferry boats were being properly maintained, especially in times of tightening budgets for all municipal agencies. After a preliminary investigation by the National Transportation Safety Board (pdf), the United States Coast Guard yesterday issued a Safety Alert regarding the proper maintenance of systems, equipment and components. Although silent as to the particular vessel the Coast Guard was directing the Safety Alert, the website Professional Mariner confirmed that it was indeed the Andrew J. Barberi.  

In the Safety Alert, the Coast Guard called into question the maintenance being performed on the Staten Island Ferry by the New York City Department of Transportation. In particular, as the crash was attributable to a failure of the propulsion at the New York end of the Ferry, certain parts were identified as possibly defective and replaced. After their replacement, the engine worked properly throughout numerous sea trials. The NTSB took samples of the engine oil, as direction of the ferry is controlled by numerous valves through which flows engine oil. The NTSB took samples of the engine oil for testing as the valves were sluggish and did not open and close properly. Preliminary reports show that the oil was highly contaminated, possibly leading to the failure of the engine.

 The Safety Alert recommends that two oil filters on the propulsion systems be changed periodically.  The shocking assertion made by the Coast Guard is that the DOT engineers never knew to replace the oil filters, despite the equipment Owners Manual requiring regular replacement. According to the DOT website, the Barberi entered service in 1981. Despite that length of time, no regular maintenance was performed on these filters and, in fact, no spare filters were even available. This shocking report comes as no surprise to me as an attorney that has represented numerous Staten Island residents hurt on previous ferry crashes. All too often, negligent maintenance has lead to a high percentage of the crashes. The remainder are attributable to the failure of the DOT to follow their own rules. People's first reaction shouldn't be that the "frivilous" lawsuits are going to start after each crash but that the the DOT continues to put our lives in danger each time we ride the ferry. Prevent the accident from happening and you prevent the lawsuits from occurring.

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As we approach the height of the summer driving season on Staten Island, many may not be aware of the dangers that could be lurking in our cars, SUV's and mini vans. Everyday items that you keep loose inside the cabin of your car, such as portable DVD players, suitcases and even an empty child booster seat, may become missiles when you are involved in a serious car accident. A 20-pound object hits with over 1,000 pounds of force in a 55 miles per hour car accident. That is enough force to break off the arm of a crash test dummy. The injuries that a passenger could sustain would be deadly.  Even simple things like an empty child booster seat have the potential to cause serious injuries if you are involved in a car accident. In one car accident, a booster seat flew forward and hit a front seat passenger in the face, causing multiple facial fractures. The same problem happens when your rear seat passengers are unbelted; in an accident, they can be thrown about the car, causing you serious injury.

As you head out on your summer drive, make sure you follow some simple rules. Always make sure that everyone in your car buckles up. If you are traveling with an unoccupied child safety seat, either buckle it in or put it in the trunk. Be careful how much weight that you decide to lash to the roof of the car. Heavy weights on the roof of your car or SUV can change the center of gravity, making the vehicle more susceptible to rollover. Those anchors and tethers in the back of your SUV are there to help secure your suitcases, coolers, beach chairs, etc. Even your cell phone or sunglasses should be kept close at hand but put away in the front console or glove box. Left out, the cell phone may slide down into the driver's foot well, interfering with the operation of the brake or gas pedal.

It is also a good idea to check your tires before heading out for a long drive. Make sure the tires are at the correct pressure as listed on the sticker on the sill of the driver's door. The sill sticker is the only location where the correct tire pressure is located. The owner's manual contains only general instructions as to tire pressures, not the specific pressures as to the style and size of tire on your vehicle. Also make sure that you have sufficient tire tread depth a few days before you plan to leave on your trip. You can check the depth by placing a quarter into the tread, as recommended by the Tire Rack.

Summer is wonderful family time and creates wonderful memories of time spent together on vacation. Please make sure that your car is safe, loaded properly and you are not distracted while you are driving.

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Once again, news outlets are reporting that a Staten Island Ferry boat has crashed into the pier at the St. George Terminal while attempting to dock. Too many Staten Island residents can recall the October 15, 2003 crash of the Staten Island Ferry boat Andrew J. Barberi and the carnage that it caused, including the death of 11 passengers. The crash happened because the ferry operations did not follow their own written rules, which left one person in the pilot house while docking. Apparently, the Barberi has crashed again, leaving at least 60 people injured.

The Barberi has a long history of crashes. Besides the October 2003 disaster, on April 12, 1995, the Barberi crashed into its pier at the St. George terminal, injuring many passengers but a worse fate was avoided by the heroic actions of some of the crew members. We will know the full extent of the injuries within 90 days, the time limit to file a claim against the City of New York.

No one yet knows the cause of the crash but the lessons learned in the 2003 crash do not appear to have been enacted. In today's crash, the ferry boat Barberi approached the pier at a high rate of speed, some passengers even saying that the ferry appeared to be speed up and crashed into the dock hard. As the 2003 crash illustrated, when the ferry boat is that close to docking, deckhands should have been preparing to dock and been able to inform passengers of the impending collision. If the problem was not mechanically related, a second person should have been in the wheelhouse to help if the pilot became incapacitated. Commuters should have also learned lessons - stay off the stairs until the boat is tied to the dock! Everyone is in a rush to get off the boat but we need to stay safe. When accidents happen, the stairs are the worst place for you to be.

Thousands of commuters ride the ferry each day. Since the fare was removed, have we received better service? Although three new boats were added to the fleet to replace the aging Kennedy-class boats (pdf), ferry operations have been delayed by mechanical problems that continue to affect the new boats. And its obvious that the older boats are still prone to mechanical issues at their most vulnerable times. I question if the ferry operations are adequately funded and would welcome a review of their maintenance schedules. Once again, this could be a case of Staten Island residents receiving a "free" ride but at what cost to their safety?

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From the storm warnings, its clear that winter is upon us with predictions of 12-18 inches of snow for the Staten Island area. The laws are clear that Staten Island homeowners mustclear the snow from their sidewalks but what about clearing snow from their cars? As of yesterday, how ironic, the New York State Senate Transportation Committee was meeting on a bill that prohibits motor vehicles from being operated with an accumulation of snow or ice on their surfaces. The bill was proposed last April but did not pass and was never presented to the Governor for his signature. Another example of politics at its worst.

The purpose behind the bill is sound: Snow and ice accumulates on top of cars and trucks during winter months and become a road hazard for motorists; especially those driving at high speeds on highways. The blinding snow falling from the top of other cars or trucks can cause damage or accidents to vehicles traveling behind. This legislation would create the responsibility of making sure every vehicle is safe for traveling on the road. I wonder why it hasn't passed or why there hasn't been such a law already enacted?

Since its not a law, it still should be just common courtesy. For those of you that don't have garages, take the time to clean the snow and ice off of the roof of your car before driving. I don't believe that people understand the seriousness of the ice and snow on top of there cars. Just recently, with the blizzard in Washington, D.C. and Virginia, numerous people were seriously injured when sheets of ice fell off the roofs of cars and then crashed into the windshields of drivers following behind. People have been killed from the ice alone crashing through the windshield and serious accidents have been caused by the whiteouts that result when the snow explodes off the top of the car. Please, take the time to clean off the snow and ice - it makes driving in the winter safer for all of us.

 

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A few months ago I blogged about braking problems car owners were experiencing with their Toyota Prius'. Following the previous recall regarding Toyota floor mats, I wondered if Toyota would do the right thing and order an immediate recall of the Prius or would they make a purely economic decision after the recent "floor mat" recall. Despite the the skeptical public sentiment that the recall was caused by inept driver's and not because a mechanical problem, it has become all too apparent that Toyota was trying to hide a problem with the accelerator pedals in their North American models.

Toyota recently announced voluntary recalls of millions of their cars sold in the United States due to "sticky" gas pedals. After months of blaming the problem on improperly installed floor mats, it has been the gas pedal all along. Since Toyota announced the floor mat recall, there have been more than 60 cases of runaway Toyota's. Its clear that the floor mats was just a way to buy Toyota more time in figuring out how to fix the sticky accelerator.

Despite what people say about trial lawyers, does anyone think that Toyota would undertake such a massive recall without the threat of a lawsuit from a killed or seriously injured victim of a sticky gas pedal? The answer is a clear "NO". All Toyota would have done would be to try and buy more time and blame the problem on driver error, like they did by claiming the floor mats were the problem. Toyota left thousands of Staten Island residents questioning if it is safe to drive their cars. They tried to blame you for the unintended acceleration and only after the true problem came to light did Toyota take responsibility. As the ever decreasing chances of the public health care option passing dwindle, the call for tort reform remains strong. Can we really afford to allow such massive corporations as Toyota with a way out that amounts to a free pass? All tort reform will do is allow corporations to put profit over safety. Such a course cannot be followed.

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In another attempt to try and prevent the hundreds of traffic deaths that occur yearly in the 5 boroughs, the City of New York is promoting the use of speed cameras in addition to the proliferation of red light cameras. Mayor Bloomberg has proposed the use of speed cameras throughout the City as a cheaper alternative to having more police officers out on the streets. You have to ask yourself, is the sudden suggestion of speed cameras based upon pedestrian safety or the need for revenue in the ongoing recession? Governor Patterson has already suggested speed cameras to help generate revenue to fill the budget shortfall.

Last year, there were 21 traffic deaths on Staten Island, up from the 18 that happened here last year. The New York City Department of Transportation has made it a goal to halve the number of pedestrian deaths in New York by 2030. Why will it need to take 20 years to cut that number in half? DOT will add many aggressive programs, including anti-drunk driving, anti-speeding campaigns and better engineered streets. I think we are headed in the wrong direction.

I question whether these new cameras will bring about the necessary changes as drivers are more than happy to pay a fine without adding any points on your license. I don't believe that the red light cameras have changed anything. In fact, I think they cause more accidents because people are forced to stop short when they approach a red-light camera equipped intersection and the light is turning yellow. Inevitably, a rear end collision occurs because the car behind is usually speeding up to make the light. The cameras don't change the fundamental problem which is driver attitude. Driver's need to have their behavior changed, not just at intersections where they know a red light or speed camera is installed. Only through real enforcement of our traffic laws and real penalties for drivers will any real change occur.

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The family of Joseph Cesario, who was killed crossing Richmond Avenue on his way to work, has started a lawsuit against the alleged drunk driver that hit him, the Staten Island Advance is reporting. Mr. Cesario was killed on June 1, 2008 while crossing Richmond Avenue to catch a bus for work. He was hit by a car driven by Andrew Douglas, who was purportedly drunk at the time of the accident. Although a grand jury declined to indict Mr. Douglas on criminal charges, he still must answer to a civil jury. His brother, Frank Cesario, filed suit last week, according to his Long Island-based attorney,  Stephen Kressel.

The burden of proof between a criminal case and a civil case is vastly different. In a criminal case, the evidence against the purported wrongdoer must "beyond a reasonable doubt." This is a very high standard which, to the public, sometimes makes it seem that guilty people go free. The burden in a civil trial is much lower, known as "a preponderance of the evidence." Simply put, the "scales of justice" have to tip, ever so lightly, in favor of one party or the other. The higher burden of proof in a criminal case ensures that our freedoms are protected as we would rather have 10 guilty escape than have one innocent suffer. 

Despite a grand jury refusing to indict Mr. Douglas, the facts of the accident don't change: Joseph Cesario was hit and killed by Mr. Douglas', accidentally, when he was just crossing the street on his way to work. Mr. Douglas stayed at the scene of the accident and witnesses even said that Mr. Douglas had the right of way and wasn't swerving or driving aggressively. However, what I can't understand are the all too frequent reports of Staten Island pedestrians being struck and killed by cars. In this instance, it doesn't seem to be a question that Mr. Douglas was drinking. It seems that the criminal case was for DWI, which requires a blood alcohol level of 0.08 in New York. Apparently, Mr. Douglas was below that threshold  but what the question is, did the alcohol slow down his reflexes enough that he couldn't avoid the accident? People need to think of the consequences when drinking and driving, even if your blood alcohol level doesn't rise to the legal limit.

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Once again Staten Island residents are witness to tragedy as a 23-year old's life was tragically cut short. My condolences go out to the family of Daniel Kelley. Their pain is unimaginable. As a father of 2 young children, I know it's my wish to see my children grow up and to eventually have children of their own. Whether its a young child or a young adult, the loss is still devastating. 

In the last few weeks, Staten Island residents have seemingly been the target of reckless drivers. From the tragic deaths of Peter and Lilian Sabados, to Arthur Katz being struck by an ambulette to Janine Brawer. The Sabados' were simply trying to cross the street to attend church. Ms. Brawer was coming home from school. Mr. Kelley was out for a jog with his girlfriend. The prevalence of irresponsible and dangerous drivers on Staten Island is alarming.

Mr. Kelley was struck by a drug-impaired driver on Hylan Boulevard, what I consider to be the most dangerous street on Staten Island, more akin to a highway. What does it say about a person who gets behind the wheel of a car while on drugs? What about a driver who flees the scene of an accident and reports his van stolen, all the while driving with a suspended license? These drivers are all too prevalent on Staten Island streets.

Every resident should be able to feel safe on our roads; that is our entitlement, our right. Driving is a privilege, not a right, and maybe we should start to take that privilege away from reckless drivers. The laws and rules in place now obviously don't deter people from driving reckless, as they amount to monetary fines and an accumulation of points on your license. We need to suspend reckless driver's licenses much more quickly. Let's be honest; sometimes, going through a red light is a mistake. Maybe you were distracted or maybe you thought you had more time. People who are running red lights 3 or 4 times are doing it intentionally. They obviously don't care about the rules and choose not to pay attention to them. Take their license away and make them earn it back by taking the driving test all over again. Until we get serious with our penalties for reckless driving, we will never rid Staten Island's streets of them.

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Local residents and the Staten Island Advance have brought to the attention of the Department of Environmental Protection (DEP) the existence of a dangerous ice slick at the intersection of Wave and Sands Streets in Stapleton. The ice slick covers almost the entire intersection and, according to residents, has been there for almost two weeks. Although the DEP has been out there on numerous occasions, the ice sheet has not dissipated and appears to be caused by some sort of water main leak. They plan to start excavating tomorrow to repair the leak. DEP has notified the New York City Department of Sanitation of the ice sheet and asked that salt trucks visit the site to spread salt.

Although the weather has been absolutely frigid over the past two weeks, the City still needs to act and to act quickly. I know of too many instances where the City has failed to act quickly in fixing a dangerous situation. The most common is the failure to replace a stop sign that has come down, either because of an accident or some other disaster. When a stop sign is knocked down, you would think that a traffic cop would be stationed at the intersection until an emergency crew from the Department of Transportation could get out there and repair the sign. Unfortunately, it doesn't work that way.

I have many unfortunate clients who were seriously injured because a stop sign was knocked down and not put back up until days later. Even a temporary sign on a portable stand would return traffic control back to the intersection. The great bureaucracy that is the City of New York even manages to avoid liability for not getting the sign back up in time. Many times, EMS workers who were repeatedly called back to the scene of the downed stop sign because other accidents have happened, have managed to temporarily put the stop sign back up until permanent repairs have been made.

Much like the ice sheet in Stapleton, it's clear that it takes the City much too long to the fix dangers Staten Island resident's face daily. The City needs to have a "quick reaction" team ready to attend to these serious dangers at a moments notice, whether its traffic control, the placement of temporary street signs, or even spreading rock salt. The challenge faced by Staten Island drivers from other drivers while commuting to work is enough. We should all expect that the roads are free of hidden dangers. Please drive carefully.

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It’s undisputed that seat belts save lives and prevent serious injuries in car crashes. New York State requires that adults riding in the front seat wear seatbelts and children be in booster seats or child safety seats. Every child between the ages of 8 and 16 years of age must be restrained, no matter where they are sitting in the car. Much confusion exists as to what type of seat your child needs to be restrained in and until what age. Child safety seats are the most important piece of safety equipment that you have in your car. After all, they protect your greatest assets – your children. Never let your child ride in a car without being properly restrained. It’s the law. Following these rules will reduce the risk of your child being severely injured in a car accident in case you are ever involved in one. 

• Infants - you can place an infant in either an infant seat or a rear-facing convertible seat until they are at least a year old and weigh at least 20 lbs.
• Toddlers/Preschool age children - a child this age should be placed in either a rear-facing or forward-facing convertible car seat.  Children should stay in the convertible seat in its rear-facing position for as long as possible but after they are over a year old and over 20 lbs you have the option of turning the convertible car seat to face forward.
• School age children - starting at the age of 4 children who have outgrown their forward facing car seats and weigh more than 40 lbs can be put in a booster seat.  They must continue to use a booster seat until they are 8 years of age and are at least 4'9" in height or weigh 100 pounds. 
• Older children - once your child is old enough and fills the height and weight requirements to ride in the car without a booster seat they should continue to ride in the back seat of the car with a seat belt on until they are 13 years old. 

Despite the recommendations, you may be surprised to learn that the National Highway Traffic Safety Administration estimates that as many as 80% of child safety seats are improperly installed – that’s 8 in 10 seats! Take the time to read the instruction manual that came with the seat as well as your vehicle’s owner’s manual to familiarize yourself with proper installation.

Newer cars use terms like LATCH and Top Tether. LATCH is a standardized installation system for your child’s safety seat. LATCH stands for Lower Anchors and Tethers for CHildren.  LATCH includes two lower anchor attachments and a top tether.  Most people commonly refer to LATCH as the pair of fixed lower anchors built into the crack between the seat back and seat cushion.  These attachment points are specifically designed for child safety seat installation.  When used, the vehicle’s seatbelts are no longer necessary to install the child safety seat.  The idea is to make it easier to install child safety seats safely, and to make installation universal among child safety seats and vehicles and eliminate the variables involved in installing car safety seats with common seatbelts. LATCH can be found on infant seat bases, rear-facing, front-facing and combination booster seats that have an internal harness.  It requires a specific LATCH belt with two locking clips on the side. Some LATCH clips require that they be specifically installed on the driver’s side of the car so its important that you become familiar with your child’s safety seat.

A top tether (or top strap) is the supplemental attachment strap on the top of forward facing car seats but is not frequently used by consumers.  Top tethers can be used with either the seat belt or with the LATCH anchors. A top tether is an adjustable strap that connects the top of the child safety seat to an anchor point mounted in the vehicle behind the child safety seat, usually the shelf below the rear window or on the floor of the cargo area in many SUV’s.  The Top Tether is designed to prevent the forward movement of the top of a forward-facing child safety seat in a frontal crash.  This reduces the head movement of the child, and can reduce the chances of a severe injury. 

If you are still unsure if your child’s safety seat is properly installed, take the time to go to a local safety seat inspection location to have a professional check your child safety seat’s installation.  The safety check only takes about 15 minutes and best of all, its free.  To locate a safety seat inspection station you can enter your zip code or you can call 1-866-SEAT-CHECK.  Following these rules will reduce the risk of your child being severely injured in a car accident in case you are ever involved in one.

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After the tragic deaths of an elderly couple on New Dorp Lane by a hit-and-run driver, you would think that Island residents would take notice and just slow down. Clearly that's not the case as one of my family member's was involved in another New Dorp Lane car accident. Last Wednesday, as my niece was stopped at a red light on New Dorp Lane at New Dorp Plaza, her car was rear-ended. The impact was severe, pushing my niece's car into the car in front of her. Accidents happen and you are usually happy that no one was hurt, but it is the reckless and callous disregard for the law that is so appalling. As my niece tried to get to her cell phone to call 911, the driver of the car came over to her and begged my niece to not call the police! Each time my niece tried to dial, the other driver would grab the phone, refusing to allow her to call 911. The other driver offered my niece $2,000 not to call the police - her urgency was because she claimed that her license was suspended. Thankfully, a good Samaritan intervened and told the driver that the police were already called. Once the driver heard that the police were on the way, she took off, leaving the accident scene. My niece was taken away by ambulance to the emergency room. She is still in pain almost a week after the accident.

From the damage to my niece's car, it is clear that the other driver never hit the brakes or even noticed the red light. This type of distracted driving is all too common on the Island as cell phones now seem to take priority over driving. How often when driving do you notice another car take a turn a little too wide? - the reason all too often is that the person was holding a cell phone in one hand while trying to turn the wheel with the other. How often do you see the impatient driver that has to go around a stopped school bus? Ticketing these driver's does not seem to stop them. And what about driving with a suspended license? Driving without a license is a crime punishable by imprisonment. Obviously, that's not enough of a deterrent to prevent these people from driving a car.

When is enough enough? How many accidents have to happen from driving while distracted or without a license? How many people have to die before Island driver's act responsibly? If your license is suspended, don't drive! If you don't have a hands-free device for your cell phone, don't talk while driving. And don't even think about trying to text message while you are behind the wheel. The careless and reckless driver is a problem for all Staten Island residents. As I found out, its only a matter of time before you are directly affected by one. Lets do something before it's too late - drive responsibly - use a headset, stop for the school bus and don't drive distracted.

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Once again, after a snowstorm, some Staten Island residents feel that its time to drive their ATV's on City streets. In New York City, it is illegal to drive an ATV on public streets or sidewalks. Although some streets are impassable after a snow storm, it doesn't mean that the law doesn't apply any longer. Throughout the island, you can hear the sound of ATV's zipping around the streets during a storm. Some people think its fun and that it really can't harm anyone. Others don't seem to care and feel that they are entitled to ride. What they fail to realize is what happens if someone gets hurt.

In New York State, if you are hurt in a car accident, your car insurance will normally pay your medical bills. Unfortunately, an ATV is not considered a "car" under your insurance policy and you won't be eligible for your medical bills to be paid by your car insurance. Most people are totally unaware of how their car insurance protects them in case of accident until its too late. I wrote a book, The Lawyers Guide To Purchasing Car Insurance to help consumers better understand how their policy protects them. Besides the fact that riding an ATV on a City street is illegal, it can leave you open to serious financial consequences.

If you are involved in ATV accident, your car or homeowners insurance won't cover you in case of an accident. If you are riding an ATV and hit a car or even someone crossing a street, you won't have any insurance that will cover you. What that means is that your insurance company will disclaim coverage and you will be responsible for defending a lawsuit and for any money damages that the injured person may recover.  They can even come after your house. The bottom line is that an ATV is for off-road use only - don't jeopardize your financial safety for a quick ride. Its illegal and can have serious consequences.

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It comes as no surprise to the thousands of Staten Island resident who travel across the Verrazano Bridge everyday that the crossing holds the inglorious title of having the most accidents of all Metropolitan Transit Authority crossings. The Verrazano saw an alarming increase of 57 accidents in 2009 than in 2008, an accident rate so high that it has been labeled a "hot spot" by MTA officials.

As a Staten Island car accident attorney, I have many clients who were involved in car accidents on the bridge and they most always happen at the same spot. Anyone who has driven over the bridge knows that the the Brooklyn-bound upper level has more than its fair share of accidents. The problem is in the design of the bridge. In order to allow ships to pass underneath, the center of the span rises 233 feet above the water. The roadway deck arches so that when you first enter the Brooklyn bound lanes, you need to keep your foot on the gas pedal to keep up your speed. As you reach the center of the span, your foot remains on the gas pedal and your speed increases as you start heading downward. At that same point, you usually encounter traffic in the left lane, waiting to enter the Belt Parkway. The middle lane slows down because some driver's wishing to exit onto the belt parkway fail to realize that they need to get over so quickly. The combination of downhill momentum and cars quickly slowing down, causes the frequent rear-end chain reaction collisions.

Now that the bridge has been marked as a "hot spot", how do you prevent the accidents? Driver's need to be aware of the danger zones on the bridge and understand that the 45 m.p.h. speed limit is posted for your safety. Police need to better enforce the speed limit and officials need to make an effort to advise drivers that you are now able to access the Belt Parkway from the lower level in an attempt to reduce the volume of traffic waiting to get on the Belt Parkway from the upper level. We, as driver's and residents, need to slow down. In a previous posting I wrote about how Staten Island's streets are more akin to highways. Many residents seem to feel that the laws and limits don't apply to them. Its this type of behavior that helped to win the Verrazano another notorious title.

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In a previous post, I wrote about our Staten Island streets being more akin to highways and the general attitude of entitlement that prevails amongst Staten Island drivers. A recent article from the Staten Island Advance visits those same issues in light of the tragic hit-and-run deaths of an elderly couple in New Dorp on Thanksgiving Eve. What was appalling was that the driver who killed the husband and wife has had his license suspended 29 times and was still driving! The driver was only 26-years old - even if he had received his license when he was 18 years old, he would average more than 3 suspensions a year. 

Driving with a suspended license is a crime and punishable as such. Even if your suspension results from failing to pay a traffic ticket, you have still violated Section 511 of the Vehicle and Traffic Law and are subject to arrest if you are stopped while driving. Obviously, the chance of being arrested was not enough to deter this individual from driving. The system is so weak that it actually encourages people to continue to drive with a suspended license. You also have to question if the police had stopped that driver before and, if they did, what was his punishment or why was he let go?  He had numerous prior convictions for such crimes as talking on a cell phone, ignoring traffic signs and driving without a license. He killed these people on their way to church! Transportation officials had just wrapped up a meeting with local residents that discussed the dangerous traffic conditions on New Dorp Lane. The meeting was too little, too late.

How often when you are driving do you notice other drivers making a right turn on red, when there is no sign allowing them to do so? Or driver's performing the "rolling stop" at a 4-way stop sign or rushing past a school bus to "beat" the stop sign from unfolding? On an Island of approximately 450,000 people, these sights are too common and all too often lead to the tragedy that occurred on Thanksgiving Eve. Despite what some residents say, these "quality of life" crimes must be more rigidly enforced by the police to prevent these tragedies.

I say if you are caught driving with a suspended license, the police should take your car away, just like a drunk driver. Such drivers obviously don't fear the criminal penalties enough to deter them from getting behind the wheel so you have to take the wheel away from them. Despite the frequent addition of red lights and speed bumps, even new stop signs with blinking lights, the attitudes of Staten Island drivers have to change. Transportation officials can install a light or speed bump at every corner or intersection,  but it is up to residents to obey the rules. I sometimes feel that we have just lost basic common courtesy, helped along by reality TV programs that encourage, in fact glorify, such behavior. 

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Despite tens of millions of dollars, the 3 new Molinari-class Staten Island Ferries are still plagued with potentially dangerous mechanical problems.

The new boats were constructed with redundant systems in case of failure. The July 2009 accident involving the John J. Marchi was caused by a complete failure of all redundant parts, which was described as a “car losing its brakes.” The resulting crash into the dock sent 15 people to the hospital. For years, the Staten Island Ferry had its share of crashes due to part failure. Some boats seemed to more prone to failure and commonly involved a specific part. Despite the warnings, the DOT was lax in repairs and in overall ferry operations that was until the 2003 crash of the ferry boat Andrew J. Barberi (pdf), which killed 11 and injured hundreds of other passengers.

In response, the DOT restructured ferry operations (pdf) and made crews more visible to passengers and also revamped announcements warning passengers that they are about to dock. I’m afraid to say that the change was not brought out by the deaths of 11 people but by the lawsuits that were filed by the families of the deceased. It was the threat of financial harm that prompted the changes. What will it take now to make sure that the new Molinari-class boats don’t fall victim to a tragic accident? 15 people have already been sent to the hospital – what will it take to give Staten Island commuters the safety and security that they deserve?

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A morning commute to the City for those who reside on the West shore of Staten Island usually takes them over Hylan Boulevard on their way to the Staten Island Expressway. In the morning, the route is choked and significantly delays commuters. When the route is not clogged, it turns into Staten Island’s own South Shore arterial highway. In certain stretches, especially in areas across from parks, cars and SUV’s easily pass you at speeds that make you feel like you are standing still, although you are driving at 40 miles per hour. And the people that pass you shoot an angry glance as if to say, “Get out of my way – why are you driving so slow?” This general attitude permeates to many driver’s on Staten Island.

No more so is the attitude more readily apparent than in the unfortunate and tragic death of a 17-year old Tottenville High School student, Janine Brawer. Ms. Brawer simply wanted to cross the street and another student was kind enough to show common courtesy, stopping their car to let her cross in front. What happened next robbed a young girl of her life – its apparent that a second car, either speeding or distracted, crashed into the back of the stopped car, pushing that car over Ms. Brawer. Local forums are filled with comments about the police department and how they should stop writing frivolous tickets for crimes such as speeding, failing to wear seat belts and cell phone use, the so-called quality of life crimes.

I say that the police don’t pursue these crimes enough as people seems not to care about the consequences, except when a tragedy like the loss of Ms. Brawer’s life occurs at too young of an age. My thoughts and prayers are with the Brawer family. As a father of two, I cannot imagine the unnecessary pain that the family is going through.

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