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June 2014 Archives

When a Loved One is Too Old to Drive Safely

Though there are a variety of public transportation options in New York City, driving is still an appropriate choice for many. Being able to transport oneself throughout the city efficiently has an extraordinary impact on the quality of life for an individual. However, as an individual gets older, his/her cognitive and physical abilities start to decline, and it becomes more difficult and more dangerous for that individual to operate a motor vehicle.
According to the National Highway Traffic Safety Administration, in 2008, it was estimated that there were 31 million licensed drivers that were 65 years of age and older. This has been almost a 23 percent increase in the number of older, licensed drivers since 1999. Older drivers (65 and older) have an increased probability of getting into an accident because of the decline in their abilities due to their age and medical complications. 

Commercial Truck Driving Fatigue Leads to Increase in Fatalities

A recent highly publicized accident has shed light on dangerous driving conditions that are created by the commercial truck driving industry, and has brought the safety issues associated to the attention of the National Transportation Safety Board (NTSB). In fact, it is estimated that of the 35,000 commercial trucks inspected each year, there are on average 250 citation issuances to truck drivers who have spent too many hours behind the wheel without a significant break. 

The Graduated License Law: Teenager Safety While Driving

In the United States, car crashes are the number one cause of death among teenagers. The Centers for Disease Control and Prevention (CDC) estimated that, in 2010, seven teenagers between the ages of 16 and 19 were killed every day as a result of a car crash. This averages about 2,700 teens killed annually, with almost 282,000 teens hospitalized for serious injuries as a result of motor-vehicle incidents.
Of these teens that have been involved in serious accidents, certain factors played heavily into these figures. First, most of the teens killed in the accidents were male (almost twice the numbers of females killed). Second, the likelihood of an accident involving a teen driver increased with the number of teenage passengers in the car. Finally, the risk was more pronounced within the first month of the teen drivers getting behind the wheel.

Leandra's Law: The Child Passenger Protection Act

Recently there has been a widespread movement to toughen child endangerment laws in the United States. New York, along with 35 other states, has enacted stronger child endangerment laws, which provide for tougher sanctions and penalties on individuals who put a child in danger by driving with them while under the influence of alcohol and drugs. In 2009 in New York, the Child Passenger Protection Act, also known as Leandra's Law, was passed in honor of an eleven-year-old named Leandra who was killed in a car crash due to an intoxicated driver. 

Mischief Finds Work for Idling Cars

In a city as populated by cars and traffic as New York, the state legislature and other city officials have been attempting to fine and penalize drivers who leave idling cars, with the keys inside the ignition, unattended for a period of time. The law requires that drivers must not leave their motor vehicles unattended unless:

Distracted Driving: The Texting-and-Driving Crackdown

In 2012, it was estimated that New York police officials issued over 20,000 tickets to drivers and operators of motor vehicles for texting while driving. The most recent crackdown in New York City has been attributed to the dangerous effects that texting while driving (or other operations of a cell phone while driving) has had on public safety on the roads. 

Producing Evidence in a NY Accident Case: Part 2 - Hearsay Exceptions

In Part 1 of this series, we talked about hearsay evidence in New York. In this post, we examine some of the instances in which evidence may be admitted at your New York injury trial, even though it would be considered hearsay. 

Producing Evidence in a NY Accident Case: Part 1 - The Hearsay Rule

We have all seen images in television and movies of lawyers objecting to something happening in court. Indeed, we all recognize that a major part of any trial is determining what evidence may or may not be offered against a defendant, with each attorney arguing vigorously for their position. These procedural arguments are quite common in many New York City accident cases, including those stemming from motor vehicle accidents, construction accidents, and similar incidents. 

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