New York Injury Talk Blog

Motorcycle safety starts with the helmet — but that’s not where it should stop. Using guidelines provided by the New York DMV to help riders take the safe road, this second installment in our motorcycle safety series will address proper eye and face protection.

Glasses or sunglasses are far from sufficient, as they offer no real protection and they won’t stop your eyes from watering; they may even get blown off your head. Goggles aren’t much better: they shield your eyes but don’t provide the necessary coverage to your whole face. And even a partial windshield falls short in blocking the wind and adequate protection.

All that taken into consideration, the best protection for both your eyes and face is a plastic, shatter-resistant, full-face shield. It will guard you from dust, dirt, wind, insects, flying rocks kicked back from vehicles in front, and inclement weather. Those elements are not only dangerous to your face but also distracting. If a bug or a piece of dirt flies into your eye it certainly will pull your attention off of the road, endangering yourself and everyone around you.

When looking for an adequate face shield, find one that has the following:

• Is secure against puncture or breakage
• Provides a clear view on all sides
• Does not have scratches
• Securely fastens to your helmet
• Allows air to move through it, minimizing fogging of the glass
• Provides ample room for eyeglasses or sunglasses, if necessary
• Is not tinted unless used during day time

For our next post regarding motorcycle safety, we will discuss the proper clothing motorcyclists should utilize for riding. Contact the motorcycle accident injury lawyers in New York at Wingate, Rusotti & Shapiro, LLP, at 212-986-7353 for a free consultation if you have been injured as a motorcyclist in an accident you believe to be the fault of another motorist.

The U.S. Consumer Product Safety Commission (CPSC) recently recalled approximately 54,000 units of an infant/toddler chair that poses a fall danger to children, as well as a risk of finger injury or even potential finger amputation.

The CPSC first issued a safety alert for the product in question, the “metoo” clip-on chair by Fort Collins, CO, importer phil&teds, back in May of this year. The danger involves “missing or worn clamp pads” that enable the seats to come loose from numerous table tops, presenting a significant fall threat to kids. Additionally, “when the chair detaches, children’s fingers can be caught between the bar and clamping mechanism, posing an amputation hazard,” according to the CPSC press release. User instructions for the product were also deemed by the CPSC to be insufficient, furthering the chance of consumer injury.

Nineteen instances of the chairs coming loose from table surfaces, with five resulting in injury, have been reported to the CPSC. Two cases involved children’s fingers being severely pinched, lacerated, crushed or amputated, while the other three reports involved contusion as a result of sudden detachment of the seat and the child hitting the table or floor. The product was manufactured in China and sold for between $40 and $50 at Toys R Us, Buy Buy Baby, and Target, as well as sites philandteds.com, Amazon.com, and other online retailers, during May 2006 to May 2011. It was also sold at numerous small niche stores during the same period.

Product recalls can take an extended period of time to reach the full consumer base affected by the product. If your child has been injured by a dangerous product, contact the New York dangerous product attorneys at Wingate, Rusotti & Shapiro, LLP by calling 212-986-7353 for a free case review.

As routinely and tragically exhibited by news reports, motorcycle accidents are unfortunately prevalent in the warmer summer months. However, motorcycle safety is an important year-round concern for operators of all motor vehicles. To help steer positive preparation for riders, using guidelines posted by the New York Department of Motor Vehicles (DMV), this post is the first in a series. Let’s start with the proper helmet for bikers.

It is estimated that one out of every five motorcycle accidents results in a victim suffering head or neck injuries, which data indicates to account for the majority of severe and fatal injuries. Data also suggests that these injuries are significantly reduced by properly wearing an approved helmet. According to research, a majority of riders are traveling less than 30 mph when a crash occurs. At those speeds, helmets can reduce both the number and the severity of head injuries by about half. Regardless of the speed, however, helmeted riders are about three times more likely to survive head trauma than those not wearing one during a motorcycle accident.

The two main kinds of helmets are three-quarter and full face, providing two different levels of protection (the full face obviously gives more coverage). Whatever type of helmet you select, make sure the helmet complies with U.S. Department of Transportation (DOT) and state standards; those with an additional label from the Snell Memorial Foundation offer an additional level assurance of quality. The helmet must fit snugly all the way around your head. Always keep it securely fastened while riding, or else it’s likely to fly off during a collision with a motor vehicle before it’s had a chance to do its job. Once the helmet has any cracks, worn strips, or loose padding, it’s time for a replacement in order to ensure your head is as protected as possible should an accident occur.

No matter the precautions, riding a motorcycle is inherently dangerous. If you or a loved one has been injured in a motorcycle crash with a negligent motorist, call the motorcycle accident attorneys in New York at Wingate, Rusotti & Shapiro, LLP at 212-986-7353 for a complimentary case consultation.

The latest in an unprecedented run of Northeast bus accidents this year, a Greyhound en route to St. Louis via New York City crashed on the Pennsylvania Turnpike early during the early morning hours of August 13. According to The New York Daily News, the bus veered off the road and rolled onto its side. As a result, 14 passengers were treated at local hospitals for their injuries. State police reported that the driver was in the passing lane when he lost control of the vehicle.

This year already, 2011 has seen more bus accidents resulting in injury and deaths than all of 2010. Approximately 30 people have been killed and 300 more have been injured, according to data from Advocates of Highway and Auto Safety; a rise from the 28 deaths and 272 injuries of last year, with several months left to go in 2011.

A couple weeks ago, the state of New York revoked operating licenses for eight bus companies that repeatedly violated safety rules. Triggered by a deadly wreck in March, when a tour bus driven by an allegedly fraudulently licensed driver rolled over in the Bronx killing 15 passengers, and followed by numerous more in the region, New York Governor Andrew Cuomo declared a heightened initiative to combat poor safety operations in early August. However, Saturday’s crash confirms that the current monitoring and enforcement efforts aren’t enough.

Have you or a family member been injured in a bus accident in New York? If so, contact the New York bus accident lawyers at Wingate, Rusotti & Shapiro, LLP at 212-986-7353 for a free review of your case today.

A delivery truck struck and killed a 29-year-old male bicyclist in East Williamsburg, Brooklyn last week, as reported by the New York Daily News. The accident, which occurred at approximately 8:30 am on August 2, happened when the cyclist allegedly attempted, by too narrow of a margin, to pass the truck that was making a right turn, officials and eye witnesses reported. The bicyclist was struck by the truck’s front bumper and rolled under the vehicle; he died instantly.

The driver of the truck was not aware the he’d hit the cyclist until he was waved down and informed of the situation a few hundred feet down the road. Upon reviewing video footage of the incident captured by a security camera, police sources claimed that the truck had been moving extremely slow, the bicyclist was at fault for making a reckless maneuver, and the truck driver (who was taken to Wyckoff Heights Medical Center for elevated blood pressure and a panic attack due to shock after the accident) would not be indicted.

The tragic accident marks New York City’s third bicyclist death in approximately one month. On July 3, a 7-ton mail truck hit and killed a woman in Midtown, while another crash claimed a male cyclist’s life near West Broadway and Canal.

Far too often, accidents involving trucks are caused by negligent operation or maintenance of these large commercial vehicles. Truck driver fatigue, drug use, or components such as worn brakes, are responsible for many injury and fatal accidents involving bicycles and various motor vehicles. Call the New York City bicycle accident attorneys at Wingate, Rusotti & Shapiro, LLP at 212-986-7353 if you or a family member has been injured in an accident involving a motor vehicle. We can build a strong case on your behalf.

A judge issued a Bronx woman a maximum sentence on August 8 for her role in a hit-and-run car accident in February 2010 that seriously injured two pedestrians, and left one in a permanent coma, whose condition is not anticipated to get better.

According to NYDailyNews.com, the 30-year-old driver will spend up to four years in prison for fleeing the scene after severely injuring the victim, a 22-year-old aide to Mayor Michael Bloomberg at the time of the accident, and her friend who were crossing a Brooklyn intersection in Prospect Heights. Prosecutors accused the driver of drinking prior to the crash, as well as talking on a cell phone when she struck the two pedestrians crossing the road. Police reports state that the victim who is now in a coma pushed her friend further away from impact during the accident, saving the other pedestrian from more critical injury.

According to reports, the offender dodged the police for several days after the incident before she was caught and arrested; a jury convicted her in only one hour during a June court session. In addition to the penalty of incarceration, the judge also advocated that the convicted woman’s driver’s license be taken away forever.

The courtroom hearings for the case were emotionally charged, as family members of the victims spoke of utmost loss, as well as the millions of dollars in continuing medical bills related to the accident. If you or a loved one has been injured in a pedestrian accident, call the Brooklyn pedestrian accident lawyers at Wingate, Rusotti & Shapiro, LLP at 212-986-7353 for a free case consultation today. We can help protect your rights and endure that negligent parties are held liable.

On July 20, the U.S. Consumer Product Safety Commission (CPSC) voted 5-0 to authorize additional requirements for third party safety testing of children’s toys.

To usher in the latest rules, and according to the CPSC, in order to “give manufacturers, importers and private labelers additional time to put a third party testing program into place,” the commission has passed “a stay of enforcement” on the new standards until December 31, 2011. That means the commission will enforce compliance of third party testing and certification for toys imported or manufactured after that date.

Somewhat prophetically, however, during the same month as the initiative was rolled out, the following two major toy recalls by New York companies were also announced by the commission.

The toy giant Fisher-Price of East Aurora, NY, voluntarily recalled “Little People Builders’ Load ‘n Go Wagons” due to laceration dangers. The company recalled approximately 208,000 units in the United States and 2,800 in Canada. Seven accounts of injuries, including five of which children needed surgical glue or stitches, have been reported to Fisher-Price and the CPSC. The product was manufactured in Mexico.

The state’s second July recall came for Deer Park, NY, distributor Edushape, which voluntarily recalled their “Mini Stars Building Sets” due to choking hazard. About 18,000 units were in distribution, while additional sets were recalled as part of separate case in September 2010. No injuries have been reported but the CPSC and Edushape have received two reports of product dysfunction and hazard. The product was manufactured in China.

For both recalls, consumers should immediately take the products away from children and contact each company for further repair or warranty instructions. If your child has been injured by a defective or dangerous toy, call the Manhattan dangerous toy attorneys at Wingate, Rusotti & Shapiro, LLP at 212-986-7353 to discuss your case today.

The state of New York suspended the operating licenses for eight bus companies that repeatedly violated safety regulations. Sparked by a deadly Bronx bus accident on March 12, during which a tour bus flipped over on a Bronx highway and killed 15 passengers — and then continually fueled by a run of bus accidents in the Northeast this year, New York Governor Andrew Cuomo announced a clampdown on negligent safety procedures.

As reported by Reuters, the eight businesses named in violation by the New York Department of Transportation are: Party Ride, A & W Tours, Inc., Big Apple Bus Charter, Inc., Silver Star Limo Company, LLC, Touch of Class & Coach, Inc., Best Trails and Travel Corp; and Zoladz Limousine Service; Long Island Limousine Service Corp. Those companies run approximately 100 buses, or other vehicles, on New York streets.

As part of the embargo, New York transportation officials have completed about 3,000 roadside bus examinations during the previous four months, representatives of the Cuomo administration said, compared with 615 in all of 2010. The administration also said it will be employing 20 additional safety inspectors.

According to the state, each of the listed businesses either: flunked three or more checkups in the last six months, failed their semi-annual bus examination, or was given a federal “out-of-service” order. All were commanded to stop service by the first week in August and pay for a total Department of Transportation evaluation; non compliance results in the perpetual forfeit of right to do business in the state of New York.

Transportation companies have an obligation by law to operate under strict government safety standards. If they do not, they should be held accountable for injuries or deaths that take place as a result of negligent or unsafe practices. If you or a loved one has been involved in a bus accident, call the New York bus accident lawyers at Wingate, Rusotti & Shapiro, LLP at 212-986-7353 for a free consultation today.