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Archive for the category “pedestrian fatalities”

NYC Crash Mapper

Motor Vehicle Traffic Crash Statistics 2017:

From Jan, 2017 – Nov, 2017 10,852 Total Crashes

Traffic Fatalities

06 Cyclist
18 Pedestrians
13 Motorist
37 Total

Injuries 4,203

Cyclist 1,536
Ped 3,078
Motorist 10,746
Total: 15,360

 

Top Contributing Factors to Crash

  1. 10,17 Unspecified Cause
  2. 2,982 Driver Inattention / Distraction
  3. 1,498 Failure to Yield Right-of-Way
  4. 1,040 Following Too Closely
  5. 599 Traffic Control Disregarded
  6. 378 Pedestrian / Bicyclist / Other Pedestrian Error / Confusion
  7. 373 Unsafe Speed
  8. 337 Other Vehicular
  9. 332 Passing or Lane Usage Improper
  10. 235 Turning Improperly
  11. 228 Backing Unsafely
  12. 214 Alcohol Involvement
  13. 186 Driver Inexperience
  14. 177 Unsafe Lane Changing
  15. 152 View Obstructed / Limited
  16. 149 Reaction to Other Un-involved Vehicle
  17. 120 Pavement Slippery
  18. 60 Aggressive Driving / Road Rage
  19. 50 Fell Asleep
  20. 50 Brakes Defective
  21. 43 Glare
  22. 35 Lost Consciousness
  23. 30 Illness
  24. 28 Outside Car Distraction
  25. 27 Passenger Distraction
  26. 26 Fatigued / Drowsy
  27. 24 Oversized Vehicle
  28. 20 Pavement Defective
  29. 19 Drugs (Illegal)
  30. 18 Obstruction / Debris
  31. 17 Steering Failure
  32. 13 Failure to Keep Right
  33. 13 Traffic Control Device Improper / Non-Working …

nyc-map-crashes

If you have been injured in a car accident, you can receive compensation for medical bills, lost wages, and other related expenses by hiring a New York Car Accident Lawyer.

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New York City district attorneys prosecute reckless drivers please!!

Families who have lost loved ones to fatal crashes in New York, rallied at City Hall on Sunday to demand that New York City’s district attorneys prosecute reckless drivers.

Grieving families and victims stepped gathered in a heart wrenching union, up to the microphone one-by-one clutching photos of their loved ones.  Families  and victims held up signs declaring “No Charges Filed.”

Four young boys stood at the front of the crowd, holding a map displaying the traffic deaths in NYC from 2005 to 2013—a total of 2,566.

Hit-and-run victims remembered

Vision Zero activists rally at City Hall to demand DAs prosecute criminal drivers.

Amy Cohen, a founding member of Families for Safe Streets, was the first to address the rally. “In 2013, 294 New Yorkers were killed in traffic. My son, 12-year-old Sammy, just shy of 13, was one of those 294.” Cohen’s voice wavered as she continued. “It is an incomprehensible loss. Each of those killed has a mother, a father, a sister, a brother, or a spouse. A family member who’s life will never be the same.”

According to data tracked by Streetsblog there have been 400 pedestrian and cyclist fatalities in three years, only two cases led to a DA filing any homicide charges against drivers—motorists are rarely criminally charged if they fatally strike or injure someone and there’s not one or more aggravating factors involved (such as a hit-and-run, intentional hit, or intoxication.)

“It is not an accident when drivers make turns at full speed without even looking. It is not an accident when drivers speed through intersections and kill people,” Cohen said.

 hit-and-run, intentional hit, intoxication

Four young boys held a map displaying NYC traffic deaths from 2005 – 2013, totaling of 2,566.

The Victims

  • Sammy Cohen-Eckstein was struck by a van after he chased a soccer ball onto the road in Park Slope was hit on Prospect Park West.
  • Allison Liao crossing with her grandmother on Main Street in Flushing, was fatally struck by a car that was turning right on the green.
  • The driver failed to yield when making a left turn fataly striking Cooper Stock and shooting his father across West End Avenue.
  • A hit-and-run driver in a red  mini van, struck and  killed 14-year-old Mohammad Naiem Uddin, as he crossed E. Seventh St. at Caton Ave. in Kensington.
  • Friends of Ella Bandes, 23-years-old fataly struck by a bus on the intersection of Myrtle-Wyckoff on the border of Bushwick and Ridgewood. No charges were ever against the bus driver.
  • Lindsay Motlin, 28, from Manhattan, was struck by a speeding van at night in December 2013 on Grand Street in Brooklyn while standing on a street corner. It was a hit-and-run.  The driver was never found.  She had injured her shoulder, pelvis and leg.
  • Jeffrey Heller, 59, Manhattan resident, was cycling in Brooklyn when he was struck by an SUV in October 2014. He had suffered a broken Leg.
Hayley and Diego’s Law:

New law would make it easier to punish dangerous drivers; cops could issue penalties without witnessing accidents Safety advocates have long decried the loopholes in some of New York State’s existing traffic laws, especially in those intended to punish drivers who injure cyclists or pedestrians.

The law was passed after two young children, Hayley Ng, 4, and Diego Martinez, 3, were killed in 2009 in Chinatown when a delivery van that was left in reverse jumped the curb and hit them.

The law (VTL 1146) went into effect in 2010, and imposes the following penalties on drivers whose failure to exercise due care results in the injury or death of pedestrians or bicyclists:

– For the first offense, a fine of $750 or 15 days of jail time, participation in a driving training course, suspension or revocation of the driver’s license or registration, or any combination of these penalties.

– For the second offense, any of the above penalties, plus a misdemeanor charge. Current police policy, however, dictates that an officer cannot issue a violation unless the officer witnesses the crash, which limits the number of incidents in which police departments in New York City and elsewhere will charge a VTL 1146 violation.

The new bill (S3644), would amend Hayley and Diego’s Law and make the authority to enforce the law explicit, even if the officer was not present at the time of the crash, as long as the officer has reasonable cause to believe the violation was committed by the driver.

In March, a resolution was passed in support of the legislation giving law enforcement additional, vital tools to effectively crack down on careless driving – and send a strong message that a driver’s license is not a license for carelessness.

The legislation will make New Yorkers safer by enabling law enforcement to hold careless and distracted drivers accountable when they injure or kill pedestrians or cyclists.

The legislation will go a long way toward holding drivers accountable for careless behavior – carelessness that took the lives of Hayley Ng and Diego Martinez in the Chinatown neighborhood where the children were killed. – See more

Paul Ajlouny, New York car accident lawyer, offers his thoughts on prosecuting reckless drivers, “You never know what solution is going to be effective.  My theory is there should be a range of  laws that should be set in place to address an ever growing problem. Suspending an offending drivers license is at the top of the list.

Getting bad drivers off the road is the first step in my opinion.” says Mr. Ajlouny. “Of course I have high hopes that the recent initiative lowering the speed limit to 25 MPH, will make drivers more aware of pedestrians.”  concluded Mr. Ajlouny.

Mother And Child Struck By Vehicle In Borough Park

Crash tragedy: daughter dies, pregnant mom gives birth

A horrific crash has killed a child and inured her pregnant mother in Borough Park, Brooklyn on Tuesday night, December 2, 2014.

A mother and her child were struck by a negligent driver. After being struck, the 33-year-old mother was pinned beneath the minivan. The accident happened just before 9:00PM at the intersection of 18th Avenue and 60th Street. FDNY and NYPD were on the scene in moments to extricate the victims.

Bilal Ghumman allegedly stole a Honda Minivan from Royal Parking garage. Ghumman works at a catering hall and it is said that he took the car from the garage to run an errand. Ghumman hit a 10-year old girl and her pregnant mother. The 10-year old girl, identified as Blima Friedman, was rushed to Lutheran Medical Center, and pronounced dead.

The mother remains in a coma in critical condition, unaware that she has both lost a daughter and given birth.

Ghumman, the driver of the stolen Minivan remained at the scene. He was arrested and charged with unauthorized use of a vehicle without the owner’s consent and was “slapped” with a violation on an active warrant for marijuana-based offense.

Residents in the area describe the level of reckless driving as, “out of control”. There is a total disregard for speed limits, stop signs, and red lights. Not only are the streets slippery due to weather conditions, but everybody is in a rush with an obvious disregard to the safety of other drivers and pedestrians.

Every year in Borough Park children are struck and killed. This horrific accident is yet another unfortunate, heartbreaking reminder that everyone needs to be responsible and alert when driving or crossing as a pedestrian. Wearing reflectors at night, being alert and responsible as drivers can do to stop road accidents, just being careful, as pedestrians and drivers.

“Traffic fatalities are always terrible, but when the victim is a child it’s simply tragic” said New York motor vehicle accident attorney, Neil Flynn. “This family will be shattered by the loss of their little girl, and it sounds like it all might have been avoided if the businesses involved had enacted sufficient security and employee screening procedures to ensure the driver
did not have access to the vehicle.”

New York City, with its congested flow of motor vehicle traffic, especially in the evenings, and on weekends, accounts for a great deal of car crashes each year. New York City including the 5 boroughs: Manhattan, Queens, Staten Island (Richmond County), Brooklyn (Kings County), and the Bronx has had a total of 1,109 fatal crashes in the 2013 year.” 1

“In New York state and city, drivers are rarely charged criminally if they kill another person in a crash, according to data compiled by the state and analyzed by The Wall Street Journal. That is because New York’s vehicular homicide and vehicular manslaughter statutes apply only to motorists who are drunk or on drugs—one of the narrowest standards for conviction in the nation, legal experts said.” 2

“In New York state, drivers were charged with vehicular manslaughter or aggravated vehicular homicide in about 5% of the 4,801 fatal crashes from 2008 to 2012, according the latest data available from the state Division of Criminal Justice Services and the Department of Motor Vehicles. These figures exclude Suffolk County due to data irregularities. In the same time frame in New York City, there were 66 arrests under vehicular homicide laws out of 1,298 crashes—also about 5%, the analysis shows.”

“Since 2008, the number of people killed in motor vehicle accidents has remained relatively steady in New York City and in the state. But pedestrian fatalities in the city climbed 23.5% last year, from 136 in 2012 to 168 in 2013, according to police department data.”

Even if the driver of this vehicle was sober, since he was involved in a deadly crash it is possible that he can be charged with another crime, such as negligent homicide, manslaughter or aggravated manslaughter. Yet, that does not happen often because the statutes, in NY, require that there be a higher degree of “culpability than the vehicular manslaughter and vehicular homicide requirements that a motorist be drunk or on drugs.”

The NY Court of Appeals had a case before them in 2008 where they did not charge a limousine driver with negligent homicide, despite the death of another motorist. The court of Appeals reasoning in this decision stated that when the limousine driver realized and decided to make a U-turn, that U-turn “does not rise to the level of ‘morally blameworthy’ conduct required to establish that the defendant committed the crime of criminally negligent homicide.”

The standard of “moral blameworthiness” is the same standard in a fatal crash if one were to be charged with manslaughter or aggravated manslaughter.

Therefore, in order for a motorist to be charged, the prosecutor must prove that the driver “knew that he/she was driving recklessly or immorally.”

The New York law is a lot different from many other states. New York does not incorporate reckless or criminally negligent behavior into their statues. Unfortunately, there was a case against Julio Acevedo, who had run over and killed a man in Brooklyn and his pregnant wife. Acevedo was speeding during this time.

It seems as if these cases are happening too often, and people are getting let off the hook for the killing of an innocent pedestrian.

“Pedestrians have been killed in 17.5% of all collision fatalities in New York state and 54% in New York City.”

These statistics show that too many pedestrians are being innocently killed. With that being said, our condolences go out to the family of Blima Friedman, one whose live was taken too soon due to another persons actions.

It is discomforting to even think what one goes through when they lose their child. It is even worse to think when one lose their child due to the negligent, irresponsible, and illegal acts of another. Many would want to think the birth of a child should be a happy time, but it is unrealistic to think how this family can be happy at the birth of one child when they have just lost another.

At Ajlouny Injury Law, we see cases on a daily basis when the negligent acts of another cause serious injury, or even death to an innocent person. The laws that are in place now do not fully protect those, or the family of those people who are killed by another. No one should have to live their live knowing that the “murder” of your child is roaming the streets and got let loose with no ramifications due to there being no law in place directly on this issue.

The heartbreaking and unimaginable pain of the family of Blima Friedman, mother and baby, our heartfelt condolences . We don’t understand why these tragic things happen.

Chelsea Horowitz
Ajlouny Injury Law

  1. http://dmv.ny.gov/statistic/2013nyscrashsummary.pdf
  2. http://online.wsj.com/articles/SB10001424052702303465004579322441555410428

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