New York Injury Talk Blog

We all know that driving under the influence is a serious offense in New York. In December 2009, Governor Paterson signed a law that makes an extremely strong statement against drunk driving. The new law, while primarily protecting children from the dangers of drunk driving, also includes a provision that mandates all DWI offenders to install an ignition interlock device or IID in their vehicle. This is a device which will not allow a driver to start the vehicle without taking a breath test.

Leandra's Law basically makes it a felony to operate a motor vehicle while under the influence of alcohol and/or drugs with a child passenger 15-years-old or younger. A person violating this new law could be charged with a Class E felony. He or she could also face up to four years in state prison, a license suspension for up to a year, and a fine of up to $5,000. The convicted DWI offender under Leandra's Law will also be required to install an ignition interlock device in their vehicle.

While this is good news to help curb drunk driving accidents, it remains to be seen whether these tough drunk driving laws actually prevent people from getting behind the wheel while under the influence of alcohol or drugs. Thousands are killed nationwide each year because of alcohol-related auto accidents. Getting behind the wheel while under the influence is not an "accident" - it is a choice, and a very bad one. If you or a loved one has been the victim of a NY drunk driving accident, please remember that you have rights. Call the experienced and knowledgeable personal injury attorneys in New York at Wingate, Russotti & Shapiro LLP at 212-986-7353 for a free consultation. We have an excellent track record of holding drunk and negligent drivers accountable for their actions.

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Next to the holiday season, summer time is usually when we see a number of DUI and alcohol-related auto accidents in New York City and throughout the nation. Law enforcement agencies usually crack down on drunk drivers with sobriety checkpoints, especially during holidays such as Memorial Day and the Fourth of July. However, it is our responsibility as drivers to make sure that we never get behind the wheel while under the influence of alcohol or drugs. Drunk driving in New York can result in catastrophic injuries or even death.

When it comes to drunk driving, the best step is to avoid drinking and driving. Here are a few useful tips:

If you have been drinking or plan to drink:

• Choose a designated driver before even going to the party.


• If you cannot have a designated driver, call a taxi.


• If you cannot find a designated driver or call a cab, stay where you are until you sober up.

If you have not been drinking, but are driving late on a holiday or weekend in New York City, please remember:

• To make it a habit to always wear a seatbelt. It will save your life.


• Do not use a cell phone, eat or text while driving.


• Try not to drive after midnight. A majority of those under the influence tend to drive after midnight or during the early morning hours when they leave bars or parties.

If you or a loved one has been injured by a drunk driver in Manhattan, please contact the experienced Manhattan drunk driving victim lawyers at Wingate, Russotti & Shapiro LLP. As an accident victim, you could seek compensation to cover medical expenses, loss of wages, cost of hospitalization, physical therapy and other related damages. Call 212-986-7353 for a free consultation and comprehensive evaluation of your case.

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An off-duty police officer in New Jersey was sentenced to 10 years in prison with the possibility of parole in three and a half years, for striking and killing a pedestrian who was crossing a street in Lower Manhattan. According to a news report, the woman died at the scene and her boyfriend was critically injured. The driver was reportedly driving double the speed limit and authorities have stated that he was under the influence at the time.

Of the approximate 9,000 car crashes in New York that occurred in 2008 and involved alcohol, 355 were fatal accidents. Of those 355 fatal accidents, 77 involved pedestrians. Driving under the influence of alcohol or drugs puts your life and others at great risk. Unfortunately, drunk driving in New York is a common cause of fatality and injury. Clearly the life of the abovementioned victim’s family will never be the same. Drunk driving is a no-win situation for everyone concerned, as seen in this particular case.

Continue reading "Fatal New York DUI Accident: Police Officer Sentenced" »

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A 37-year-old man was killed in a New York auto accident after a 28-year-old man rear-ended his vehicle at high speed on a Queens highway. The driver, who officials said was under the influence, sped his black PT Cruiser past traffic on Grand Central Parkway in Hillcrest and plowed through four cars, according to a news report in the New York Daily News. The car that he struck - a 1996 Volvo - exploded and burst into flames. The victim was burned beyond recognition. Three people in the other cars that were hit were not injured. The allegedly impaired driver was charged with driving while intoxicated and vehicular manslaughter.

Driving under the influence of alcohol or drugs is a serious criminal violation in the state of New York. It is illegal to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher. If the act of driving while intoxicated fatally injures a person other than the drunk driver, he or she could be charged with vehicular manslaughter. Under New York law, a person is guilty of vehicular manslaughter in the second degree if he or she causes the death of another person while driving under the influence (Section 125.12). A person is guilty of vehicular manslaughter in the first degree if he or she has a BAC of 0.18 or higher, is driving under a suspended or revoked license, has a prior DUI conviction or causes the death of more than one person.

Continue reading "Fatal New York Auto Accident Caused by Drunk Driver" »

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Posted In: Automobile Accidents , Drunk Driving Accident , Personal Injury , Wrongful Death

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A 22-year-old special education teacher was killed in a Staten Island pedestrian accident after he was struck by a driver, who officials say, was under the influence of drugs. An ABC news report states that the man and his girlfriend were jogging along Hylan Boulevard in Annadale when he was hit. He suffered severe head and chest trauma. His girlfriend suffered a broken ankle, scrapes and bruises.

The 34-year-old driver, described as an aspiring model, has been charged with possession of a controlled substance and driving under the influence. Police also found the sleep aid, Ambien, in her car. She apparently also admitted to authorities that she took two Xanax, one Ambien and one Percocet less than one hour before the fatal car crash.

Driving While Intoxicated (DWI) is a crime. In New York State, the penalties include the loss of driving privileges, fines, and a possible jail term. It is a serious violation to operate a motor vehicle under the influence of alcohol, drugs, or a combination of alcohol and drugs. It is also illegal to drive under the influence of prescription drugs or any type of intoxicant or hallucinogen that can impair your judgment while driving.

Continue reading "Pedestrian Killed in Staten Island DUI Car Accident" »

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A new law that has taken effect this month will make it a felony to drive with a blood alcohol level greater than 0.08 percent with a passenger who is under the age of 16. According to a news report, this new law, known as Leandra's Law states that a first offense will carry a potential prison sentence of up to four years; up to 15 years if a child passenger is seriously injured; and up to 25 years if the child is killed. The legislation, adopted last month, was named after Leandra Rosada, an 11-year-old girl who was killed in a Manhattan DUI car accident.

Drivers charged under this law will also be required to surrender their driving privileges pending prosecution. If convicted, drivers must install an ignition interlock system in the car for at least six months. According to the New York Department of Motor Vehicles, in 2008 alone, there were 9,202 alcohol-related car accidents in New York. In those crashed 488 children under the age of 18 were injured or killed.

Continue reading "New Law to Curb Drunk Driving in New York" »

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Thousands of innocent car accident victims lose their lives or are severely injured each year as a result of drunk drivers. Driving while under the influence of alcohol or drugs is illegal in every state. Now, according to an Associated Press news report, New York City officials are reassessing the legal process that determines whether someone was drinking and driving in a serious car accident. This process began after blood alcohol tests were not performed for two hours on two off-duty officers who were charged with vehicular manslaughter in separate incidents.

In the case of the two officers, they declined to take breath tests at the scene, which they are allowed to do under the law. Both were tested several hours later. One test came back clean while the other showed the blood alcohol level to be twice the legal limit. The problem here is that the delay in the testing process gives drunk drivers the time to sober up. City police commissioner Raymond Kelly has assembled a panel to discuss this important issue with district attorneys and formulate ways to get these sobriety tests done in a quick and effective manner so accurate blood alcohol reading may be obtained.

Continue reading "Officials in New York City Reassessing DWI Test Process" »

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A 67-year-old woman was killed in a New York car accident after being struck by the suspected drunk driver. According to the New York Daily News, the driver, a 22-year veteran of the NYPD as well as a high-profile detective, has been charged with DWI, vehicular homicide and criminally negligent homicide in this fatal injury accident.

The elderly pedestrian had been pushing a shopping cart filled with recyclable cans and bottles when a 2009 Chevrolet Malibu hit her. Witnesses said the impact from the collision threw the victim in the air causing her to land 20 to 30 feet away. The off-duty policeman apparently was so impaired that he did not realize he had struck a woman. The driver has been since released on a $100,000 bond, as an investigation is pending.

Article 31 of the New York State Vehicle & Traffic Law concerns alcohol and drug-related offenses. Section 1192 Driving while intoxicated; per se states: "No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section 1194 of this article."

Continue reading "Fatal DWI Car Accident, NYPD Detective Charged" »

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Posted In: Automobile Accidents , Drunk Driving Accident , Law & Information , Pedestrain Accidents , Personal Injury , Wrongful Death

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The New York Post reported recently that a Shirley man was hit and fatally injured by a pickup truck on the William Floyd Parkway near Sunrise Highway. The accident happened when a Center Moriches woman driving a 2004 Chevy Silverado hit the man and then fled the scene. The accident victim died at the site of the crash.

Suffolk County police say the woman, who turned herself in later, was driving while intoxicated (DWI) at the time of the accident. Police charged the woman with DWI when she did not pass a field sobriety test. Officials have identified the suspect as a Long Island teacher.

Statistics provided by the New York State Department of Motor Vehicles reveal that there were 9,202 alcohol-related auto accidents in 2008. Out of these accidents in New York, 355 were fatal and 4,775 were injury-related. It is estimated there were 82 pedestrians killed in all New York alcohol-related accidents in 2008.

Continue reading "Long Island Auto Accident Kills Man" »

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The New York Police Department has suspended two police officers who were involved in a DUI car accident that killed a pedestrian in Brooklyn. According to an ABC News report, one of the officers who was driving the car, was charged in the drunk driving accident that killed a young girl who was crossing the street at East 56th Street and Avenue N. The pedestrian accident victim was taken to an area hospital where she was pronounced dead. The suspected drunk driver, the police officer, was off-duty at the time of the crash, officials said. He has been charged with DWI and vehicular manslaughter.

In New York, driving under the influence is a serious crime. It is illegal in New York to drive with a blood alcohol level of 0.08 percent. It is always disheartening when an individual who is supposed to uphold the law, breaks it. In this case, it resulted in the death of a young girl.

As New York drunk driving victim lawyers who fight for DUI victims' rights, it is our belief that drunk drivers should be prosecuted to the fullest extent of the law regardless of their title, position or status in society. Victims of DUI accidents can seek compensation to cover various expenses such as medical costs, lost earning and other damages.

Continue reading "NYPD Officer Faces DUI Charges in Fatal Brooklyn Pedestrian Accident" »

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A teenager has been charged with drunk driving after a fatal New York car accident, which killed a 31-year-old man, according to an ABC news report. New York police said a 2008 Lexus four-door gray sedan driven by an 18-year-old man struck a 31-year-old man on Sutter Avenue in Queens, N.Y. The injured pedestrian was taken to an area hospital where he died. The teen was arrested and charged with operating a vehicle after consuming an alcoholic beverage.

Thousands of Americans lose their lives every year in drunk driving car accidents. Thousands more are injured – many disabled for life – because of negligent drivers who make a conscious decision to get behind the wheel while intoxicated. In the State of New York, it is illegal to drive with a blood alcohol content of 0.08 percent or higher. Those who drive drunk and injure people or damage property must be held accountable for their actions.

Continue reading "Fatal New York DUI Auto Accident" »

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Crime reports show drunk driving arrests among women are rapidly rising in the United States while DUI arrests among men are falling, according to a news report. A fatal New York car accident caused by an intoxicated female driver, which killed eight people including four children, has drawn attention to this issue in the last month. Experts say more and more women are driving drunk and here's the disturbing part – they're doing it with their children in the vehicles. According to FBI crime reports, the number of women arrested while driving under the influence of alcohol or drugs was 28.8 percent higher in 2007 than it was 10 years earlier.

Drunk driving is a serious offense in New York and other states. In most states it is illegal to drive with a blood alcohol content (BAC) of 0.08 percent or more. A new study by the National Highway Traffic Safety Administration (NHTSA) also confirmed the FBI statistics. That study shows about 2,000 traffic accident deaths a year involve an intoxicated female driver.

Continue reading "More DUI Car Accidents Caused by Women" »

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A Queens, New York, man, his sister and his cousin were killed on the Interstate 95 in Georgia after a drunk driver heading the wrong way plowed head-on into their minivan, the New York Daily News reports. The 59-year-old man and five of his relatives were reportedly driving from New York to Florida for a wedding when the pickup truck driven by a drunk driver slammed into their 2001 Mazda MPV. All three were killed. The driver of the pickup truck was also killed in the car crash. His Chevrolet S-10 pickup truck was apparently littered with bottles of alcohol, officials said.

Every year, at least 17,000 people are killed as a result of alcohol-related car accidents. The drunk drivers who cause these fatal car accidents and heartbreak to the members of the victims' families should be held accountable for their reckless and senseless actions. In New York State and most other states, it is illegal to driver under the influence of alcohol and/or drugs and to drive with a blood alcohol content (BAC) of 0.08 percent or higher.

Continue reading "New York Man Killed in DUI Car Accident" »

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Three serious injury-causing driving while intoxicated (DWI) car accidents in New York State have helped shine the limelight on DWI laws in the state. According to this news report, New York State ranks well when it comes to tough DWI laws, which experts say, are sufficient to curb the problem of drunk driving. However, enforcing those laws to prevent drunk driving accidents in NY is a different issue, they say.

Mothers Against Drunk Driving (MADD) ranks New York State 13th in the nation for stringent DUI laws. But, group representatives say they would like to see a better utilization of the ignition interlock devices. Convicted drunk drivers are required to blow into the machines in order to start their vehicles. Several critics also say New York does not have mandatory jail time for DWI convictions, even if it involves repeat offenders. Jail time is only an option for judges to decide during sentencing in DUI cases.

Continue reading "New York DUI Car Crashes Cause Significant Injuries" »

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Seven people were injured in a NY pedestrian accident when an out-of-control car in West New York collided with them, according to this CBS news report. The car apparently crashed into a bevy of shoppers who were gathered for a sidewalk sale on Berginline Avenue. Several victims said they were helpless as the SUV came right at them. One pedestrian was pinned against a street pole. The most seriously injured victim was a 44-year-old man who was hospitalized with several broken bones. The driver of the SUV, a 43-year-old man, has been charged with driving under the influence.

Driving under the influence of alcohol or drugs – be it recreational or prescription drugs – is against New York law. It is illegal in New York and most other states to drive with a blood alcohol content (BAC) of 0.08 percent or higher. In such cases, if the drivers are determined to have been drunk or intoxicated at the time of the crash, they could be held civilly and criminally liable for the accident and injuries caused. Victims could seek compensation to cover medical expenses, loss of pay and other related costs.

Continue reading "New York Pedestrian Accident Injures Seven" »

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A dangerously or defectively designed or maintained roadway can result in serious auto accidents in New York causing significant injuries or even death. A new study by the Pacific Institute for Research and Evaluation shows that more than half of the highway auto accident fatalities in the United States are related to dangerous or deficient roadway conditions.

According to this news report, dangerous roadway conditions is a substantially more lethal factor than drunk driving accidents, speeding or even lack of using seatbelts. Ten roadway-related car crashes occur every minute and also contribute to 38 percent of non-fatal injuries.

There is no question that making our roadways safer is necessary to reduce highway fatalities and related costs. Safer drivers and safer cars remain important factors. However, if we place a strong focus on improving road safety conditions as we do in urging people not to drink and drive, we would save thousands of lives and billions of dollars each year. According to this study, New York ranks fifth among the top 10 states that spend the most money in crashes involving deficient roadways.

Continue reading "Dangerous Roadways Cause More Highway Fatalities than Drunk Drivers, Study Finds" »

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Romano Dion Price, 23, was killed in a New York DUI auto accident the morning of April 23 after his 1993 Honda was struck by a suspected drunk driver, the Staten Island Advance reports. George Baldini Jr., a sex offender who has been accused of driving drunk and causing this fatal car accident, has been charged with vehicular manslaughter. Baldini apparently had a blood alcohol content of .082 percent when he broadsided Price's Honda at the corner of Forest Avenue and Manor Road. It is illegal in the state of New York, as it is in all other states, to drive with a blood alcohol content of 0.08 percent or more.

If you have been seriously injured or if you have lost a loved one as a result of another driver's negligence, then you could be entitled to compensation to cover medical/funeral expenses, loss of earnings, pain and suffering or other related damages. Where negligence or wrongdoing are involved, families of deceased auto accident victims can file Staten Island wrongful death claims, which will help them secure fair compensation for their loss. Drunk driving constitutes criminal negligence. Drivers who cause serious injury or death by operating a motor vehicle under the influence can be held civilly and criminally responsible for such negligence.

If you or a loved one has been seriously injured by a drunk or negligent driver, because call the skilled and experienced New York personal injury lawyers at Wingate, Russotti & Shapiro, LLP for a free consultation and case evaluation. We will fight for your rights and make sure you get the justice and compensation you rightfully deserve.

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A man was killed in a Harlem DUI auto accident in New York and his ambulance got into an accident as well as it was rushing him to the hospital, according to this news report. The 20-year-old DUI auto accident victim was struck at West 120th Street and Seventh Avenue. His ambulance, which was on its way to St. Luke's Hospital, collided with a car at Cathedral Parkway and Manhattan Avenue. A second ambulance then took the victim to the hospital where he was pronounced dead. The driver of the car that initially struck the victim has been arrested for driving under the influence.

Every year, in the United States, 17,000 people are killed in alcohol-related auto accidents. The drunk drivers who cause these serious injuries and fatalities must be held responsible for their actions. According to 2002 New York traffic statistics, there were 1,522 traffic related deaths of which 478 (31 percent) were alcohol-related.

The New York attorneys at Wingate, Russotti & Shapiro have experience in all areas of personal injury and wrongful death. Our firm works with experts to investigate your case and determine who was at fault. Our attorneys have an excellent understanding of the intricacies of New York's No-Fault Law as well as issues relating to uninsured/underinsured motorist coverage. If you or a loved one has been injured by a drunk driver, please contact the New York drunk driving victim lawyers at Wingate, Russotti & Shapiro for a free consultation.

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A suspected drunken driver injured a group of people when his speeding vehicle jumped a curb near the street intersection of Steinway Street and Northern Boulevard. According to a news report in the Daily News, 24-year-old Renis Kuci was driving a BMW near the El Noa Noa discotheque in Astoria when he hit the curb.

The Queens car accident happened when the BMW went out-of-control running down a group of people who had just stepped out of the discotheque, crashing into a FDNY call box and coming to a stop against a concrete wall. Police arrested Kuci, a Woodhaven resident, on charges of operating a motor vehicle while intoxicated, refusing to take a Breathalyzer test and reckless driving. Kuci hit a total of six people in the New York auto accident. Their injuries have been described as not life-threatening and ranging from gashes, bruises and broken bones, she said.

Continue reading "Queens Auto Accident Caused By Suspected DUI Driver" »

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A woman suffered severe injuries after a drunk driver reportedly crashed into her car and then narrowly missed colliding head-on with a police cruiser in Staten Island. According to this news report , Anthony Gentner, 21, is being charged with felony reckless endangerment and other counts in the police chase which began on the Martin Luther King Expressway and ended at the College of Staten Island in Willowbrook.

Police say Gentner, a reputed crack dealer whose license has been suspended at least three times, took off in a 2005 Mercury when an officer tired to pull him over. During the high-speed chase, Gentner almost collided with a police car and smashed into a Dodge van. The woman in the van suffered a broken ankle as well as neck and back injuries. She was taken to an area hospital. Gentner was eventually arrested after he crashed the car into a utility pole.

Continue reading "Staten Island Drunk Driver Causes Injury Crash " »

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