In New York and throughout the rest of the U.S., distractions are posing a threat on the road. Billboards may tell drivers to keep their eyes on the road, not to text and not to fall asleep so as to avoid a car crash, but many drivers have the mentality of thinking, “It won’t happen to me.” Commercial truck drivers are no different, and fleet owners will want to do something about this.

Science backs up the claim that distracted driving leads to accidents. Texting and driving is one of the most alarming forms because it constitutes a visual, manual and cognitive distraction all at once. Sending a text takes about five seconds: With a vehicle going 55 mph, that’s like traveling the length of a football field with one’s eyes closed.

The pressures of a “productivity culture” encourage truckers to stay awake longer and thus become fatigued behind the wheel. Those who sleep 5.5 to 6.4 hours are twice as likely to drive drowsy than those who sleep one or two hours more. Fatigue also strikes those who take the federally required number of breaks but experience only poor-quality sleep.

Fleet owners should take steps to create a safety-oriented workplace culture, using exposure rather than injuries as a measurement for improvement. They should meaningfully engage employees as they identify risk factors.

If distracted driving or another form of negligence is to blame for an auto accident, those who were injured through little or no fault of their own may be eligible for compensation. Negotiating a settlement with a trucking company might go more smoothly with a lawyer. The lawyer, in turn, might hire accident investigators to gather proof against the trucker, which may include the police report and the trucker’s phone records.

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Many drivers in New York already know the benefits of crash avoidance systems. Though these systems have been incorporated into only a small percentage of commercial truck fleets, the companies that incorporated them say that they can prevent more than seven out of 10 rear-end collisions. The technology is also known to mitigate the severity of injuries and vehicle damage.

Since the 1990s, the National Transportation Safety Board has been recommending the mandatory use of forward crash avoidance and mitigation systems on all commercial trucks. However, the National Highway Traffic Safety Administration has reportedly not responded with any regulations along those lines. This has led to criticism from the NTSB and other groups.

According to federal data, there were more than 4,300 large truck crash fatalities in 2016. This was a 28 percent increase from 2009. In light of this trend, safety advocates are pushing for the NHTSA to act. Several members of Congress who have read the article are also considering decisive action.

The NHTSA has issued a written statement saying that it wrapped up research on early automatic emergency braking systems and that it will now study next-generation editions of the technology. It expects the study to be completed in 18 to 24 months, after which it could make an informed decision whether to mandate or not.

In some cases, a trucker with a crash avoidance system can choose to turn it off. If they do so and cause an auto accident through their own negligence, their trucking company could be held liable. However, a victim may want legal assistance as a lawyer could negotiate for a settlement while sidestepping the aggressive tactics that trucking companies use to deny payment.

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Are you someone who has decided to turn to riding a bike instead of continuing to drive a car? Maybe you just want to ride a bike more for its health benefits. Regardless if it is to get you more fit or ease up on the cost of driving a car, riding a bike can be extremely dangerous.

New York City was recently listed as the second most dangerous city for bicyclists, only trailing Los Angeles, California. Even the safest city for riding a bicycle in the state of New York was Syracuse, and that city was ranked #537 nationally.

If you are a well-seasoned rider or a casual one, it is important to brush up on things you should remember when riding a bike. Simple precautions can help prevent a serious injury or even death.

Avoid car doors – It is wise to never assume that a parked car is empty or that the driver of a parked car will look before opening a door. Allow yourself a few feet when going past car doors.

Watch for pedestrians – Being on a bike means you are considered the same as a vehicle. As so, you must follow all traffic laws and you must give pedestrians the right of way. If you do not yield to a pedestrian, you could face a fine.

Watch for blind spots – Blind spots have been the cause for many serious accidents for bicyclists. Pay particular attention to large trucks and buses who usually have larger areas of blind spots. One way to combat a blind spot is to stay in an area where drivers can always see you. Vehicle right turns can also be dangerous for bicyclists when riding alongside on the shoulder of the road.

Be easily seen and wear a helmet – You should always ride wearing bright clothing and even reflectors, especially at night. Consider having a light on your bike and have it on regardless if it is day or night. If you ride a bicycle and do not wear a helmet, you may want to reconsider since head and brain injuries are common in bike accidents.

Plan your trip ahead of time – Knowing the roads, traffic and terrain of where you will be riding will greatly increase your ability to stay safe.

Do a bike pre-check before riding – Looking over your bike prior to riding not only ensures there are no problems that could cause danger, it helps to keep your bike in good condition.

Riding a bike next to cars and trucks can be very dangerous. By taking precautions before heading out on the road, it may mean the difference between a successful trip or one that ends with a catastrophic injury.

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In an audit report, the AAA Foundation for Traffic Safety addressed a dangerous trend that many drivers in New York may be familiar with — too much reliance on car safety features. While such features can reduce the number of auto accidents and accident-related deaths, they may backfire on drivers who do not understand the limitations of safety technology.

For example, the report showed that 80 percent of drivers with a blind-spot monitoring overestimated this system’s ability to detect quickly approaching cars, bicyclists and pedestrians. Furthermore, 20 percent of respondents were so confident in the feature that they never check for oncoming vehicles when changing lanes.

Among motorists with adaptive cruise control, 29 percent say they feel comfortable engaging in other activities when this safety feature is on. Unfortunately, this constitutes distracted driving. Other drivers are unable to tell apart the various functions of their features. For instance, over 40 percent of the respondents confuse forward-collision warning with automatic emergency braking.

AAA believes that automakers, dealers and rental-car companies should be educating customers on the limitations of modern safety features. The results of the study raise questions about how drivers will adapt to a future with semi-autonomous vehicles. After all, these vehicles will still require the driver to take hold of the wheel if they cannot handle certain conditions.

Over-reliance on safety tech leads to negligent behavior. When a negligent driver gets into a crash, a victim may be eligible for compensation. Filing a third-party insurance claim will most likely require a lawyer, especially since auto insurance companies work hard to deny settlements. A lawyer could hire third parties to investigate the crash and gather the necessary evidence.

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Commercial vehicle inspectors ordered almost 12,000 semi-tractor trailers out of service between June 5 and June 7 during the annual International Roadcheck safety initiative organized by the Commercial Vehicle Safety Alliance and taking place in New York and across North America. Inspectors also removed 2,664 drivers from duty during the 72-hour safety blitz according to figures released by the CVSA. The road safety advocacy group says that almost three out of four of the trucks issued out-of-service orders were pulled off the roads following grueling Level I inspections.

Commercial vehicle inspectors were asked to pay particular attention to hours-of-service logs, as fatigue was the major focus of this year’s International Roadcheck event. These violations emerged as the most common reason for drivers being ordered off duty, but they were only discovered by inspectors about 2 percent of the time according to the CVSA.

Commercial vehicles were most often placed out of service due to poorly maintained or damaged braking systems, problems with the way their brakes were adjusted and issues with their wheels and tires. However, the results of the safety blitz suggest that trucks and truck drivers may be taking safety issues more seriously. The number of drivers and vehicles ordered out of service during International Roadcheck was down slightly in 2018 despite an increase in the number of inspections.

There are situations where experienced personal injury attorneys may also seek to have commercial vehicles inspected. Inspections could uncover defective parts, substandard repairs or neglected safety systems, and the information stored on tractor-trailer black boxes could reveal how fast trucks were traveling when they crashed. Attorneys could use this type of evidence to convince juries that the defendants in truck accident lawsuits failed to do all that they reasonably could to protect other road users from harm.

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The last thing you want is to see a loved one hurt or mistreated, particularly by those entrusted with their care. Too often there are cases of abuse and neglect or the elderly by caretakers, nursing home employees and other residents of a care facility.

As the loved one of an elderly person, your attention to and persistence for spotting signs of abuse may be a critical factor in ensuring their safety and care. Some symptoms and signs of mistreatment are obvious while many others are more difficult to notice. Consider some of the potential symptoms of abuse or neglect and remember this knowledge as you check in with elderly loved ones.

Types of elder abuse

Mistreatment presents in a variety of ways, many of which are not obvious to the casual observer. The Centers for Disease Control and Prevention recognize elder abuse in a few categories. These are the most common forms of mistreatment of a person over age 60.

• Emotional abuse
• Neglect
• Physical abuse
• Abandonment
• Sexual abuse
• Financial abuse

It’s difficult to provide an accurate rate of elder abuse and mistreatment as it often goes unnoticed or unreported. Experts estimate about 10 percent of people over age 60 experience some form of mistreatment ranging from financial exploitation to neglect and abandonment.

It may be easier to spot signs of physical abuse and general neglect as these will present with obvious injuries or a disheveled and unkempt demeanor. Poor hygienic care can be a sign of neglect and abandonment as the person isn’t receiving proper care. To notice less obvious signs of abuse, loved ones need to pay close attention and have open, safe conversations with elderly persons.

Sudden mood changes, lack of interest in previously enjoyed activities, being standoffish around certain individuals and unexplained weight loss may be signs of mistreatment. Pay attention to these and other behavioral changes and keep an open dialogue so a victim can report their experience. It’s often frightening and intimidating for victims to speak up, so it’s important that loved ones keep a close eye on their behalf.

Mistreatment of vulnerable populations

Abusers target already vulnerable persons for mistreatment at an alarming rate. Common targets of elder abuse include those with memory issues or dementia and those with little to no familial connection or support. For those who already lack a support system, there’s an added risk as no one will closely monitor their wellbeing.

Your elderly loved one deserves proper treatment and safety as they receive additional, needed care. If you notice or suspect signs of mistreatment, be their advocate and get the medical and legal support your loved one needs. No one should have to experience mistreatment from those entrusted with their care. Watching for signs of elder abuse and neglect can give your loved one the best chance of proper treatment in their later years.

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About 19 million people live in the larger New York City metropolitan area. Of that population, 69 percent are renters. For most New Yorkers, apartment living is a way of life.

As an apartment dweller, you may wonder what your landlord’s duty is to maintain the property. The state of New York has a series of multiple dwelling laws that provide protections to tenants and hold landlords accountable for maintaining their properties.

An apartment building must remain in good condition

According to the New York State Attorney General, every part of a multiple dwelling unit must be kept in good repair, from its roof to the lot on which the unit is built. Landlords must keep electrical systems, heating, plumbing, sanitation, ventilating systems and appliances in good working order. The law also states if there are any issues that causes danger to life or health, local housing officials may order the landlord to repair these issues. These repairs must be completed within a reasonable amount of time.

An injured tenant has legal recourse against a negligent landlord

Unfortunately, not all landlords abide by New York law, and when dangerous conditions exist, there is potential for injury. If you suffered an injury due to unsafe conditions in your apartment building, you may have a case for a premises liability lawsuit.

With premises liability claim, you first must prove you had a right to be on the property. Then you must show the landlord knew, or should have known, about the safety issue that caused your injury. Then you will need to prove they did nothing to fix the issue, or that their repair was inadequate. Finally, a premises liability suit needs to show that this negligence on the part of your landlord caused your injury.

New York law provides protection to renters. A tenant that is injured due to the landlord’s failure to maintain a property has legal options to pursue.

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There are many product malfunctions that can put individuals at risk for serious harm. Among these are electrical defects. Such defects can lead to fires or other accidents that could expose individuals to injuries and significant property damage. Burns and electrical shocks are among the common injuries connected to such defects. Product liability attorneys can advise individuals harmed by electrical defects in products on their options and rights related to pursuing monetary relief.

Electrical defect risks can arise in relation to a wide range of products, from small household devices to some of the biggest products consumers tend to own. Sometimes, they come up in connection to a person’s main way of getting around: the family car. This can be seen in a voluntary recall recently announced by Toyota.

The recall regards some of the company’s hybrid vehicles. Reportedly, the affected models are at risk of an electrical defect that can lead to a short circuit that could create fire dangers.

The recall is expected to affect around a million vehicles globally. While the bulk of these vehicles are in Japan, there are also a fair number in the United States.

It is thought that around 192,000 vehicles will be covered by the recall here in America. These vehicles are certain Prius models from model years 2016 to 2018.

It has not yet been made clear whether any fires have resulted from the electrical issues the recall regards.

As part of the recall, owners of affected vehicles will be able to receive free vehicle repairs aimed at addressing the electrical defect risk. Toyota will be sending out notifications of this to such vehicle owners.

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Construction is one of the most dangerous industries in the U.S. Employers follow strict rules and guidelines to keep workers protected, but accidents nevertheless occur. According to the Bureau of Labor Statistics, there’s been a 16 percent increase in fatalities for construction workers over the last half decade.

Nearing the end of summer, you might be finishing up projects and shooting for deadlines. As a construction worker, the stakes can be high. You want to do everything in your power to end the season on a good note, which means avoiding accidents is ideal. There are some construction safety tips that can help reduce risk, such as:

1. Wear head protection. You should always wear a hard hat when there’s potential for falling objects, bumps or electrical hazards. Additionally, your eyes and face should be protected. Be sure to wear safety glasses and high-quality ear plugs, especially in loud environments.
2. Always inspect the ladder. Stepping up on a weak, defected or damaged ladder is a recipe for disaster. When using a ladder, choose one that’s taller than what you need to reach, by at least a few feet. Also, avoid using metal ladders during questionable weather days.
3. Avoid unprotected trenches. You should never enter an unsupported or unprotected trench. Safe exits, like ladders or ramps, are beneficial to place throughout the trench. Check for debris that might block the exits, as well. Make sure another person is standing by if you enter a trench, in case of an emergency.
4. Be cautious using heavy equipment. Always be aware of the placement of your hands and feet when operating heavy equipment. Use proper gloves and footwear for adequate traction. Avoid leaving a machine unattended when running. It’s also beneficial to have a spotter around when maneuvering.
5. Reduce slip and falls. Only work on surfaces that are sturdy and dry. Surfaces that are slippery or dirty should be cleaned immediately. If that’s not possible, use small steps when crossing. Floor holes should be covered, with warning signs.
6. Never step on damaged scaffolding. Avoid standing on weakened scaffolding at all costs. A safe scaffold should feature protective guardrails, a tightly-planked platform and tight rigging. If you are unsure about stability, find a qualified supervisor for inspection.
7. Be aware of your surroundings. In general,you want to be aware of your surroundings. It’s good to have a sense of what’s happening, in case of any present or future dangers. Be on the lookout for potential hazards such as overhead lines, low clearances and spills.

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New York has enacted a new law which helps victims of auto-negligence recover compensation they are entitled to, even if the person who caused their injury has insufficient automobile coverage. Most people know that its a good idea to get auto insurance with sufficient liability limits to help protect them if they are sued by someone injured in a car accident. What most people don’t know is that they have the right to purchase coverage in that same auto policy which can provide them with coverage for their own injuries if the person who caused the accident doesn’t have sufficient policy limits themselves. That coverage is called Supplementary Uninsured Motorist Coverage or SUM coverage. Its been around a long time but its not promoted by the insurance companies. So what we’ve seen all too often are client’s with large liability limits but low SUM limits. Low SUM limits means that if the person who caused your accident has bad coverage your insurance recovery will be limited even though you thought you had purchased a ‘big’ policy. Under the new law, if you purchase a new policy, your SUM coverage will automatically be set to the same level as your liability coverage so can you protect yourself to the same degree as you protect others (unless you opt-out). Unfortunately, under the new law your existing policy is not affected so please check your policy to see if you are getting the right coverage to protect you and your family. Please know that there is a lot of ‘fine print’ that comes into play before you can access this coverage so feel free to call our office if you’ve been injured in an auto accident to discuss your rights.

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