Monday, March 20, 2017

Is Texting to Blame for Rise in Traffic Deaths?

Recent studies have revealed that the increase in fatalities in the country this past year can be contributed to texting and other smartphone apps. Though seat belts not being worn, speeding, and drunk driving contributed to a vast number of the fatalities, the statistics and the opinions of safety officials cite texting and smartphone apps as the biggest culprits.

The studies performed by the National Safety Council have revealed that the increase in fatalities this past year reached 6%. The Council also revealed that motor vehicle deaths last year are the highest in the country over the past nine years. Safety officials cite the following reasons for the increase in fatalities over the past year. First and foremost, they are laying blame with texting and other smartphone apps. Though the study indicates that texting has been an issue for more than two years, it appears that many people have become lenient and careless with their texting habits and behavior patterns thereby contributing to the increased number of deaths resulting from texting of late.

In addition to texting, the studies revealed that talking on the phone as opposed to texting, is a tremendous distraction and certainly has played a significant role in the increased death statistics over the past year as well. Is it any wonder that the National Safety Council is now seeking a full ban on the use of cell phones whether typical talking on a phone, hands free calling and talking or texting of any kind.

Yet another primary factor in the increased fatality numbers has been that of speeding. As we all know, speed can surely cause serious injuries and yes, even death. These same studies indicated that driving at excess speeds did, in fact, contribute to a large number of deaths over the past year as did driving drunk while speeding as well. In addition, the lack of seat belt laws in many states has also played a significant role in the number of deaths on the roads and highways in 2016. Many states do not require the use of seat belts in both front and back seats while in other states the seat belt laws are secondary to another offense. We all know that wearing seat belts saves lives, but if there is no law in place, making the use of seat belts mandatory, then surely the number of deaths that can and will occur when not wearing seat belts is apt to be increased.

Overall, there have been many studies conducted that have confirmed that the increase in traffic deaths is definitely the result of multiple elements, with one of the greatest culprits being that of hand texting. Let’s face it. When you receive a text message and choose to read it, surely your eyes are taken off the road for at least a good few seconds. Should you decide to respond to that text then your typed response keeps you occupied and your eyes off of the road for yet an additional 7-10 seconds. It’s clear to see how deaths can occur when texting while driving.
As for voice texting, surely it is much safer than that of texting by hand, but still is remarkably distracting as well. Bottom line – don’t text and drive because the potential results can most assuredly be fatal as has been the case for an increased number of drivers and even innocent pedestrians over the past year. Texting while driving is without a doubt the number one culprit for many fatalities over the past year and is sure to continue to play a significant role in the number of deaths in the years ahead. Be practical, be safe, be alive – don’t text and drive!!!

Monday, March 13, 2017

Suing for Truck Accidents in New York State

If ever you find yourself involved in an accident in New York with a commercial truck then rest assured you want to make certain that the attorney you hire specializes in, and is highly experienced in litigation specific to commercial truck accidents. A truck accident occurring in New York cannot be handled or litigated in the same fashion as a typical vehicle accident. Though the similarities between the two types of litigation are many, commercial truck accidents are subjected to far more safety rules, including the Federal Motor Carrier Safety Regulations, which is a specialized set of rules on safety that apply only to commercial trucks and not to other vehicles.

With that said, hiring a New York attorney who is experienced in commercial truck litigation and highly familiar and knowledgeable in the Federal Motor Carrier Safety Regulations is mandatory to your defense. Fighting with commercial truck insurance carriers is a challenge in and of itself, which is why a savvy, hard to manipulate New York commercial truck lawyer is a must have for anyone involved in these types of truck accidents. A highly experienced attorney knows the ins and outs of litigating against the negligent truck driver along with the employer and the owner of the commercial truck and will surely be able to represent your case and the facts effectively.

Rules that Apply to Commercial Truck Drivers

One of the most important safety rules that must be adhered to for commercial truck drivers is the simple fact that they must be over the age of 21. Further, all commercial truck drivers must pass a physical exam, and obtain a special CDL (commercial driver’s license). Once you have complied with these requirements, it is further required that every commercial truck driver maintain a log in their truck with a history of, at minimum, the previous eight days activities. Finally, all commercial truck drivers must abide by the strict limitations regarding the number of consecutive hours that they are allowed to drive.

At the end of the day, commercial trucks are subjected to far more safety requirements than typical vehicles simply because not only is it much harder for a commercial truck to stop quickly, but it is extremely difficult for commercial trucks to take appropriate measures to avoid an accident altogether. The size and weight of a commercial truck presents with far more dangers as well and the extent of the harm they can cause is quite excessive and can even be fatal.
If you or anyone you love has been involved in a commercial truck accident in New York then surely you want to engage the services of a highly skilled and educated commercial truck accident attorney. When the time comes to present your case to a jury, rest assured you want the very best attorney representing you and one that will ensure you are fairly compensated for your injuries as well as all your losses. Take ample time to perform your own due diligence before choosing a commercial truck accident attorney to stand in your corner!
www.popickrutman.com

Monday, March 6, 2017

New Proposal to Prevent Bicycle Accidents on Fifth Ave in New York

Forever and always bicyclists travelling on Fifth Avenue in New York have had to deal with speeding traffic, weaving in and out of double parked cars and other safety issues as well. Surely anyone can understand how dangerous this can be, but until now there were no special precautions, or actions put in place to protect these New York bicyclists, until recently when the NY DOT has finally given a great deal of attention to the safety issues at hand.  

The New York DOT has now set forth a plan to upgrade and install a protected bicycle lane as a safety measure to protect bicyclists travelling along Fifth Avenue, between 23rd Street and 8th Avenue in Manhattan. Over the years, statistics have revealed that Fifth Avenue is home to far more bicycle traffic than any of the other Manhattan avenues. However, the current bike lane on Fifth Avenue between 23rd Street and 8th Avenue is always compromised by double parked cars which ultimately causes bicyclists to have to combat heavy traffic in their efforts to get around it. By engaging in these compromising acts, bicyclists find themselves exposed to tremendous risks of being hit by a moving vehicle. Pedestrians also find themselves victim to these same risks.

With that said, it makes perfect sense that there is an extreme need for the recently proposed bike lane to protect bicyclists. The primary objective of the newly proposed project is to better protect bicyclists from the many bicycle accidents that have occurred over the years, and continue to occur today on Fifth Avenue. The proposal gives primary focus to preventing bicycle accidents and will also contribute to a decreased number of pedestrian accidents as well.

With the flipping of the bike lane and the parking lane, the DOT also proposes that two split phase signals be installed along with the installation of painted concrete pedestrian islands as well. Further, the DOT has included in their proposal a request to add both loading and unloading areas which would most assuredly avoid double parking altogether.

The proposal was well received and fully endorsed and will be presented later in the month, with voting completion anticipated to take place by the 23rd of this month at the Scholastic Building on Broadway. In years past, both bicyclists and pedestrian representatives have petitioned the improvement of overall street safety on Fifth Avenue suggesting a completely new redesign and a thorough remodeling of both Fifth and Sixth Avenues. Today the DOT has finally set forth a new proposal to prevent bicycle accidents on Fifth Ave in New York and provide for the safety of both bicyclists and pedestrians alike.



Monday, February 27, 2017

Preparing your Home to Avoid Slips and Falls


Winter weather conditions certainly contribute to the number of slip and fall accidents that can happen at your home. Every homeowner fears the unfortunate slip and fall accident than can happen on their property knowing full well how costly and upsetting it can ultimately turn out to be. With the excessive amounts of snowfall, the frigid below freezing temperatures and accumulating ice, homeowners have to give primary focus to the proper maintenance of their sidewalks, driveways and property in general during the winter season.


Statistics tell us that there are more than 300,000 serious injuries from slip and falls at homes each year from snow and ice and near to 20,000 deaths as well. So taking necessary steps to prepare your home to be safe during the winter weather is essential to every homeowner. You can reduce the risks of slip and falls and serious injuries with just a little bit of know how and some very practical insight.

Steps to ensure the safety of your home are not only practical, but simple as well. Prep the areas around the entrance ways of your home by placing skid resistant mats near the entrances which will allow your guests to dry their shoes properly. Make certain that those entering your home clear the bottom of their feet of any accumulated ice or snow so as to avoid a fall. Also, be certain to keep the floors in your entranceways dry at all times.

As for the outside of your home, always clear the walkways and treat the surface of your walkways, sidewalks, and driveways with salt or sand to prevent falls as well. Your porch and steps should be a part of this sanding or salting process as well since they can become quite slick in the cold months.

Always shovel your sidewalks and pathways immediately following a storm and apply salt or sand thereafter. You want to prevent any ice from forming as a result of compacted snow or snow that melts and refreezes. Salt is one of the best materials you can use on your property to avoid slip and falls since it works in all types of temperatures and lowers the freezing point of water. Sand does not melt the ice, but will definitely provide much needed traction.

Finally, adjust any downspouts so water flows away from your pathways. Any water that is allowed to pool will quickly turn into icy patches that will most assuredly lead to unwanted slips and falls, and always make certain that there is adequate lighting both indoors and outdoors which will certainly contribute to fewer slips and falls at your home in the dangerous winter months.

Monday, February 20, 2017

What to Look for When Choosing a Personal Injury Attorney


What to Look for When Choosing a Personal Injury Attorney

Choosing a personal injury attorney can be quite a challenge and yes, quite confusing and frustrating as well. With so many personal injury attorneys available for hire today it can be quite overwhelming for any one person to determine which attorney is best suited to their individual needs. There are personal injury attorneys all across the country that have their names and faces displayed on billboards and even on buses and other forms of advertising resources, while others spend little to no money on advertising at all. We can all agree that attorneys truly come in all types, sizes, professional levels and shapes, which is why it can be so challenging to choose the perfect personal injury attorney for your specific case.

When you've been injured, choosing the right attorney can be overwhelming. One of the most important components you want to look for in an attorney is that of trust. You want to be able to put your full trust in your attorney and not have to wonder or second guess their advice or activities. So choosing an attorney you are not only comfortable with, but find to be trustworthy is half the battle for you.

Further, you want to perform your own due diligence to ensure that your attorney of choice is a member in good standing of both their local and state bar associations. It is also a good idea to take a peek at their attorney standings as well, which will help you to recognize both their skill and reputation. Local bar associations will be helpful in this aspect.

Continuing on with the process, you want to refer to the number of years of experience the attorney has. Keep in mind those that have been in practice for many years probably have a heavy caseload and may not give you the attention you want or need. An attorney who has not been in practice long at all may also fall short of your individual needs, but more often than not will be anxious to establish themselves, which means that they will probably spend a whole lot of time on your case and do whatever it takes to get a favorable settlement and/or a win for you. Chances are they are going to fight super hard for you and your case.
One final category that comes into play when helping you to choose your ideal attorney is that of credentials. Many people are of the mindset that if an attorney graduates at the top of their class, or perhaps graduates from an Ivy League School then they are a shoe in for the job. This is not always the case. If an attorney lacks negotiating skills and confidence their high graduating status will have no positive bearing on the results of your case.

In your quest to hire the perfect attorney, you may find that some attorneys simply do not want to take your case. However, the attorney that elects to represent you has the ultimate responsibility to protect your interest no matter what it takes. If you are unable to settle your case and it has to go to trial you want to be certain your attorney is prepared to do just that.

Monday, February 13, 2017

What to Do If Your Motor Vehicle Skids into Another Vehicle or Person

Choosing a personal injury attorney can be quite a challenge and yes, quite confusing and frustrating as well. With so many personal injury attorneys available for hire today it can be quite overwhelming for any one person to determine which attorney is best suited to their individual needs. There are personal injury attorneys all across the country that have their names and faces displayed on billboards and even on buses and other forms of advertising resources, while others spend little to no money on advertising at all. We can all agree that attorneys truly come in all types, sizes, professional levels and shapes, which is why it can be so challenging to choose the perfect personal injury attorney for your specific case.


When you've been injured, choosing the right attorney can be overwhelming. One of the most important components you want to look for in an attorney is that of trust. You want to be able to put your full trust in your attorney and not have to wonder or second guess their advice or activities. So choosing an attorney you are not only comfortable with, but find to be trustworthy is half the battle for you.


Further, you want to perform your own due diligence to ensure that your attorney of choice is a member in good standing of both their local and state bar associations. It is also a good idea to take a peek at their attorney standings as well, which will help you to recognize both their skill and reputation. Local bar associations will be helpful in this aspect.

Continuing on with the process, you want to refer to the number of years of experience the attorney has. Keep in mind those that have been in practice for many years probably have a heavy caseload and may not give you the attention you want or need. An attorney who has not been in practice long at all may also fall short of your individual needs, but more often than not will be anxious to establish themselves, which means that they will probably spend a whole lot of time on your case and do whatever it takes to get a favorable settlement and/or a win for you. Chances are they are going to fight super hard for you and your case.

One final category that comes into play when helping you to choose your ideal attorney is that of credentials. Many people are of the mindset that if an attorney graduates at the top of their class, or perhaps graduates from an Ivy League School then they are a shoe in for the job. This is not always the case. If an attorney lacks negotiating skills and confidence their high graduating status will have no positive bearing on the results of your case.

In your quest to hire the perfect attorney, you may find that some attorneys simply do not want to take your case. However, the attorney that elects to represent you has the ultimate responsibility to protect your interest no matter what it takes. If you are unable to settle your case and it has to go to trial you want to be certain your attorney is prepared to do just that.



Monday, February 6, 2017

Winter Cautions - What to do if you Fall on the Ice

Slip and fall accidents are quite common, but surely in the winter they are more abundant. They are troubling because they can occur anywhere, at any time, to anyone. Though the weather conditions need not be snowy, slippery or icy to cause slip and fall accidents, these very conditions are frequently the culprits behind many a slip and fall incident. Slip and falls happen all the time and more than likely when they occur, they are not typically the fault of the "fall victim.” More times than not the fault will lie with the property owner where the fall occurred.

Property owners in New York State, whether owning buildings, parking lots, homes, walkways, or business establishments must adhere to a specific level of safety for those people who travel on their property. When a slip and fall occurs as a result of a property owner’s negligent care of their property, victims are many times entitled to compensation for their injuries, medical bills, and even for their loss of work. If you are involved in a slip and fall, it’s best to know the steps you need to take to protect yourself and your family.
Important Steps To Take
If you slip or fall, first and foremost, giving attention to your health is your number one priority. Obtain medical attention immediately if you have been injured so as to receive care for your injuries as needed and to have documentation of your accident and injuries should you decide to seek compensation for your incurred medical bills and expenses.
Next, make certain you report your slip and fall to the property owner, whether a business establishment, a family or friend’s house, or even a landlord. You want to make certain they file an appropriate report of the accident and provide you with a copy of that report. When reporting the incident always remain calm and at ease and limit your communications with the property owner once you have reported the incident. Be certain to gather pertinent information at this time such as names, phone numbers and even addresses of any individuals that may have witnessed the incident. Also collecting the name, address and phone numbers of the property owner should be accomplished at this time as well.
The next important step is that of taking photographs of the accident site in order to document the exact location and conditions of the property at the time of your fall. If weather played a factor, make certain that your photos display the weather conditions clearly as well. Log down the date, and time of your accident as well. Each is critical to your case should you decide to move forward with a claim. Remember weather conditions and other evidence that were present at the time of your accident can disappear over time, so your photos will surely be an important component of your potential claim.
Your final step following the incident is to contact an attorney, especially if you think there is a likelihood that you will be filing a legal action. Spend a bit of time performing your own due diligence when choosing your attorney. Hiring an attorney experienced in slip and falls is not only practical, but will indeed be beneficial to you in the long run.
The right law firm should have the experience, expertise and professional team and resources that will contribute to your successful slip and fall case. You don’t want to be accountable for medical bills or even the loss of your income because of somebody else’s negligence. Getting the appropriate consultation, legal advice and legal representation are key to winning your slip and fall case and to your overall health and well-being. At Popick & Rutman we offer professional consultations call us at (718) 321-7460or visit our website http://popickrutman.com/