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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As midnight approaches, I am sure that many people are busy with plans for the New Year's celebration. Unfortunately, many of those celebrations include excessive amounts of alcohol. Coupled with the difficult driving conditions that New Yorker's have faced over the last several days, this New Year's Eve is an especially dangerous night out.

If you are planning on driving tonight, designate a driver. To some, a designated driver is a joke as the drunk driver is usually all too quick to boast how well he can drive intoxicated. However, a designated driver not only protects you as a passenger but it also protects other people out on the roads and even those simply crossing the street. Faced with slippery, snow narrowed streets, the difference in reaction time between an impaired driver and sober one becomes critical when winter weather is involved. A designated driver will save your life.

Even walking home on a night like tonight brings added dangers. Although some people feel that its safer to walk home tonight, the sheer amount of snow still left on our streets brings added danger from slip and falls and from cars that don't have enough room to pass by. Many streets and sidewalks still are not fully cleaned from the snow, forcing many Staten Island residents to walk out into the street, facing cars speeding along. Despite some driver's feeling that they are able to safely pass you, if they can see you, the side-view mirrors of many cars extend out past the body of the car. Even if the car doesn't hit you, the mirror may, causing serious injuries. If you are walking in the street, stop walking and get out of the way until a car passes you. Don't take for granted that the driver sees you or has enough room to pass you.

If you are out and about tonight, take extra precautions. Make sure that you leave early so you wont need to rush. Designate a driver if you plan on drinking or, better yet, just call cab service. If you do drive, keep a sharp lookout for people walking alongside the street and crossing at intersections. If you plan on walking, make sure you wear light colored clothing and take extra care when crossing the street. If you are headed out to Times  Square, wear appropriate clothing as you will be forced to stand outside for hours in the cold.  

I wish all a very Happy and Healthy New Years and a safe and prosperous 2011. I look forward to continuing to help keep Staten Islander''s safe and providing important information regarding issues that affect homeowners, workers and students.

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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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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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Like many other Staten Island residents, I just came in from digging out after last night's heavy snowfall. After a few hours of shoveling, you are no doubt tired and maybe feel that you should have started earlier. Last night, while watching the Dallas-New Orleans football game, I heard the sounds of shovels and snow-blowers working in the height of the storm. Many people question when they need to actually have the snow cleaned off the sidewalk before you are liable if someone falls on snow and ice. The simple answer is - "after the snow stops." Initially, although the City of New York is responsible for the condition of the sidewalk, you are responsible to remove the accumulated snow. The good news is that the law protects you while it is still snowing and gives you a reasonable time to clean the sidewalk after the snow stops falling.

The City of New York requires that a homeowner clean the sidewalk within 4 hours after it stops snowing or risk being fined. The City will give you a "break" if the snow stops in the middle of the night - between the hours of 9:00 p.m. to 7:00 a.m. - you won't have to shovel snow until the next morning. But, if you shovel, make sure that you do the job right. Sometimes, the best way to protect yourself from liability is to do nothing at all - no shoveling, sanding or salting. Of course, you may continue to receive fines from the City but you may not be liable if someone slips on the snow in front of your house.

So if you are walking outside soon after a winter storm, don't expect the sidewalks to be free and clear of snow and ice. If you encounter a sidewalk covered in ice and snow a few days after a snowstorm, walk around it. Because if you fall, you may have no one to blame but yourself. And if you own a home, avoid the risk of fines and a possible lawsuit by shoveling soon after the snow ends. Use some sand or rock salt - give your neighbors a break and a safe sidewalk for them to walk on. Lets hope that they do the same for you.

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