Several insurance companies, and in particular, Allstate Insurance Company ("The Good Hands People") and State Farm Insurance Company ("The Good Neighbors") use a computer system known as "Colossus" to evaluate their personal injury claims. If Colossus decides that your case has little or no merit, no claims adjuster with the benefit of a police report, medical records, and hospital records can overrule or modify that decision.
Instead, Colossus considers a number of preliminary matters before looking at your individual case and injuries, including performing a "calculation" to attribute "severity points" to claims. As described by Ron Miller at marylandinjurylawyerblog.com, Colossus assigns a base severity rating, which is the starting point in the personal injury claim evaluation. Additionally, Colossus will evaluate the experience of the attorneys involved in the case and the venue of the action, After consideration of these factors, the system counts up the points and converts them to a dollar value.
By using Colossus, insurance companies try to reduce the value of your case, and won't take into consideration factors such as the pain of an individual injury, loss of enjoyment of life, the effect on marital or family relationships, or the inability to perform activities of daily living.
In our practice, we have found that in particular, companies such as State Farm and Allstate are particularly dismissive of soft tissue claims such as whiplash and bulging spinal discs, to the point that their goal is not only to discourage plaintiff attorneys from ever handling these claims, but to make it clear to their own insureds that they do not consider these cases worthy of consideration.
Tuesday, October 20, 2009
Insurance Medical Examinations After Your Accident--Adding Insult to Injury
When clients are injured in various types of accidents in New York, including motor vehicle, slip/trip and falls, and other accidents due to unsafe conditions, they are invariably required to attend examinations known in the legal community as "IME'S." Simply put, defense attorneys and insurance companies retain doctors who are well known in the community as virtually never finding any permanent injury, disability or medical condition. Armed with reports by these so called "independent" medical examiners, who are more than happy to charge several thousand dollars to testify to their findings at trial, insurance carriers are emboldened to hold firm with either "no pay" or minimal offers of settlement, in the hope that plaintiff attorneys will not want to expend the time and money to litigate cases through trial--thus, cases settle cheaply.
Our firm has a list of instructions that we provide to our clients prior to these examinations, which we have found to be invaluable in cross examining insurance company doctors at trial. First, in many instances, the insurance company doctor's staff will request that the client fill out a complete questionnaire, as if your client was a patient. We instruct our clients that other than basic information such as name, age, and medical complaints, they should refuse to complete these questionnaires, which often are used by the insurance company doctors to attempt to obtain inconsistent facts or information not relevant to the case.
Also of great importance, these doctors frequently attempt to conduct a mini-deposition, with such questions as "Where were you looking just before the light changed?" or "Did you see the ice before you fell?". These deposition type questions have nothing to do with the medical examinations, and are clearly asked by the doctors for the sole purpose of assisting the defense attorney in litigating the case. Clients must be strongly cautioned that the only proper inquiry by the doctor during the history portion of the visit is as to the injuries, treatment, medications, pain, disability, and prior medical history.
Lastly, we request that our clients time the examination from the moment they enter the examination room until the time they leave the office. Why do we ask them to do this? For a simple reason. These doctors frequently do 25-40 of these examinations in a single day, and rarely spend more than 15 minutes from start to finish with the client. However, when they the doctor takes the stand, he or she will testify without blinking an eyelash that the examination lasted 45 minutes to an hour, and was thorough and complete. It is at this point that we ask the doctor a simple question: "Doctor, what if I were to tell you that I requested that my client time the examination, which in actuality, began at 10:45 and he was out of your office by 10:59? What would you say to that, doctor? " Without exception, this causes jurors to look directly at the doctor and wonder--is this co called "thorough" doctor lying to us?
Our firm has a list of instructions that we provide to our clients prior to these examinations, which we have found to be invaluable in cross examining insurance company doctors at trial. First, in many instances, the insurance company doctor's staff will request that the client fill out a complete questionnaire, as if your client was a patient. We instruct our clients that other than basic information such as name, age, and medical complaints, they should refuse to complete these questionnaires, which often are used by the insurance company doctors to attempt to obtain inconsistent facts or information not relevant to the case.
Also of great importance, these doctors frequently attempt to conduct a mini-deposition, with such questions as "Where were you looking just before the light changed?" or "Did you see the ice before you fell?". These deposition type questions have nothing to do with the medical examinations, and are clearly asked by the doctors for the sole purpose of assisting the defense attorney in litigating the case. Clients must be strongly cautioned that the only proper inquiry by the doctor during the history portion of the visit is as to the injuries, treatment, medications, pain, disability, and prior medical history.
Lastly, we request that our clients time the examination from the moment they enter the examination room until the time they leave the office. Why do we ask them to do this? For a simple reason. These doctors frequently do 25-40 of these examinations in a single day, and rarely spend more than 15 minutes from start to finish with the client. However, when they the doctor takes the stand, he or she will testify without blinking an eyelash that the examination lasted 45 minutes to an hour, and was thorough and complete. It is at this point that we ask the doctor a simple question: "Doctor, what if I were to tell you that I requested that my client time the examination, which in actuality, began at 10:45 and he was out of your office by 10:59? What would you say to that, doctor? " Without exception, this causes jurors to look directly at the doctor and wonder--is this co called "thorough" doctor lying to us?
Senator Leahy Introduces The Insurance Industry Competition Act
For the last six decades, insurance companies have enjoyed immunity from federal anti-trust investigation and prosecution. On February 15th of this year, Senator Leahy (D. Vermont) announced a bipartisan bill that would give the Department of Justice and the Federal Trade Commission the authority to apply antitrust laws to anti-competitive behavior by insurance companies. The insurance industry and its practices have come under serious scrutiny along the Gulf Coast in the wake of Hurricanes Katrina and Rita, said Leahy, who has raised concerns that insurers have been denying claims and delaying payouts to residents along the Gulf Coast instead of honoring their contractual commitments to their customers and helping rebuild that region.
The concern of our legislators in introducing this bill is that by allowing the insurance industry to avoid the scrutiny of anti-trust regulation, this has led to price fixing, agreements not to pay, and market allocations. Americans rely on insurance, and they have the right to be confident that the cost of their insurance, and the decisions by their insurance carriers about which claims will be paid, reflect competitive market conditions, and not private agreements among major insurance companies to deny groups of claims.
Senator Trent Lott, not normally associated with issues such as consumer protection, noted: “One thing I learned coming out of Katrina is that the insurance industry is not subject to antitrust laws," Senator Lott said. “I've looked at the history, and there's no explanation for why that is - for why antitrust and price fixing in this industry are not covered by the federal government. In this regard, two of the area’s biggest home insurers – Allstate and State Farm – are moving out and abandoning the area. They are not moving out because the companies have hit on hard times -- State Farm profits increased 65% in 2006 with earnings of $5.3 billion and Allstate’s 2006 profits rose to a record $5 billion, nearly tripling its profits from the year before.
The concern of our legislators in introducing this bill is that by allowing the insurance industry to avoid the scrutiny of anti-trust regulation, this has led to price fixing, agreements not to pay, and market allocations. Americans rely on insurance, and they have the right to be confident that the cost of their insurance, and the decisions by their insurance carriers about which claims will be paid, reflect competitive market conditions, and not private agreements among major insurance companies to deny groups of claims.
Senator Trent Lott, not normally associated with issues such as consumer protection, noted: “One thing I learned coming out of Katrina is that the insurance industry is not subject to antitrust laws," Senator Lott said. “I've looked at the history, and there's no explanation for why that is - for why antitrust and price fixing in this industry are not covered by the federal government. In this regard, two of the area’s biggest home insurers – Allstate and State Farm – are moving out and abandoning the area. They are not moving out because the companies have hit on hard times -- State Farm profits increased 65% in 2006 with earnings of $5.3 billion and Allstate’s 2006 profits rose to a record $5 billion, nearly tripling its profits from the year before.
Car Accident Underinsurance Coverage in New York
Joe, a 32 year old Westchester County resident, is driving his 2008 Lexus to meet friends in New York City. On his way south on the F.D.R. drive, he is in a serious car accident with a New York City taxicab with a minimal liability insurance policy. Joe is taken to the hospital with serious back injuries, and ultimately is diagnosed with several herniated discs requiring an operation. Although the taxi company has offered their entire policy, Joe's injuries are in all likelihood permanent, and even with his own no-fault insurance company paying for the surgery, how can Joe be fully compensated for his injuries in this scenario?
Underinsurance is defined as insurance coverage which protects the driver of a car who is injured by the negligent driver of a car which has minimal insurance coverage, such as a $25,000.00 policy. $25,000.00 is now the minimum required insurance coverage in New York State. Underinsurance coverage allows the insured driver to proceed to recover additional compensation against his or her own insurance company after he or she has collected the policy limits of the negligent driver's car. The main proviso is that the wrongdoer vehicle must have a smaller amount of insurance coverage than the insured who wishes to collect against his or her own underinsurance coverage.
Underinsurance is a vitally important provision of automobile insurance coverage in New York, and it is shocking how few of our clients actually purchase this coverage when they buy a car. In New York, for only a few hundred dollars a year, coverage of up $500,000 in underinsurance can be purchased to protect against the exact scenario Joe finds himself in. The way it works is this. If the wrongdoer vehicle has a minimal insurance policy-i.e.- $25,000, and your injuries far exceed this amount, the case is settled with the negligent party for their policy limits. With notification of the accident promptly to your own insurance company and their permission to enter this initial settlement, we then proceed to commence a claim against your own insurance company under the underinsurance provision of your policy for the maximum amount of this coverage. This would be reduced by a set off of the amount you already received from the negligent driver's company. Thus, for example, if there is a settlement of $25,000, and you have $500,000 in underinsurance coverage, there is potentially $475,000.00 in underinsurance available to you to ensure that your injuries are fully compensated.
Underinsurance is defined as insurance coverage which protects the driver of a car who is injured by the negligent driver of a car which has minimal insurance coverage, such as a $25,000.00 policy. $25,000.00 is now the minimum required insurance coverage in New York State. Underinsurance coverage allows the insured driver to proceed to recover additional compensation against his or her own insurance company after he or she has collected the policy limits of the negligent driver's car. The main proviso is that the wrongdoer vehicle must have a smaller amount of insurance coverage than the insured who wishes to collect against his or her own underinsurance coverage.
Underinsurance is a vitally important provision of automobile insurance coverage in New York, and it is shocking how few of our clients actually purchase this coverage when they buy a car. In New York, for only a few hundred dollars a year, coverage of up $500,000 in underinsurance can be purchased to protect against the exact scenario Joe finds himself in. The way it works is this. If the wrongdoer vehicle has a minimal insurance policy-i.e.- $25,000, and your injuries far exceed this amount, the case is settled with the negligent party for their policy limits. With notification of the accident promptly to your own insurance company and their permission to enter this initial settlement, we then proceed to commence a claim against your own insurance company under the underinsurance provision of your policy for the maximum amount of this coverage. This would be reduced by a set off of the amount you already received from the negligent driver's company. Thus, for example, if there is a settlement of $25,000, and you have $500,000 in underinsurance coverage, there is potentially $475,000.00 in underinsurance available to you to ensure that your injuries are fully compensated.
NY Insurance Companies Latest Attack on No-Fault Benefits
Almost since the inception of New York's No-Fault Law in 1974, New York automobile insurance companies, and particularly, Allstate, State Farm, and New York Mutual Insurance, to name a few, have for years, added insult to the injury of our clients' car accident injuries by seeking to cut off benefits as soon as possible. This, despite the fact that their insureds have loyally paid their premiums for years, and then when they need to be "In Good Hands", instead they get a letter informing them that they are not covered for their medical treatment as a result of the accident.
The way the system works is this. When you are in a New York automobile accident, you begin to treat with an orthopedist, neurologist, chiropractor or physical therapist for your injuries. Assuming you do not have a fracture, which automatically makes you eligible for no-fault benefits as meeting the "No-Fault Threshold", the insurance companies, sometimes as soon as two weeks after the accident, will send you to their orthopedists, neurologists, or chiropractors, who routinely and without exception will find that there is no "serious injury", (serious injury being the legal standard you must meet to be eligible for no-fault benefits) and that no further treatment is required. The reason the insurance companies schedule these so called "IME's" (meaning Independent Medical Examinations" despite the fact that there is absolutely nothing "independent" about them), is that they know that another way to substantiate a serious injury is through 90 days of continuous treatment within the first 180 days after an accident.
The way the system works is this. When you are in a New York automobile accident, you begin to treat with an orthopedist, neurologist, chiropractor or physical therapist for your injuries. Assuming you do not have a fracture, which automatically makes you eligible for no-fault benefits as meeting the "No-Fault Threshold", the insurance companies, sometimes as soon as two weeks after the accident, will send you to their orthopedists, neurologists, or chiropractors, who routinely and without exception will find that there is no "serious injury", (serious injury being the legal standard you must meet to be eligible for no-fault benefits) and that no further treatment is required. The reason the insurance companies schedule these so called "IME's" (meaning Independent Medical Examinations" despite the fact that there is absolutely nothing "independent" about them), is that they know that another way to substantiate a serious injury is through 90 days of continuous treatment within the first 180 days after an accident.
Allstate Named America's Worst Insurance Company
http://www.injurylawny.com/The American Association of Justice recently released their report named "The Ten Worst Insurance Companies in America: How They Raise Premiums, Deny Claims, and Refuse Insurance To Those Who Need It Most." In the report, Allstate is cited as the worst insurance company in the U.S. The methods by which Allstate obtained its "award" are essentially the tactics that this writer has been seeing more insurance companies adopt each year. That is, they deny claims, delay payment as much as possible, even in the most clear cut cases, and defend cases to trial that ought to be settled out of court. To give a classic example of Allstate and State Farm's tactics, (State Farm was ranked as 4th worst, but in my opinion, they should be ranked a very close second behind Allstate) in a Brooklyn car accident case about four years ago, my client was in a car that was rear ended by a driver who was later convicted of DWI. He suffered a severely injured shoulder which required surgery, as well as 4 herniated discs. Allstate's driver had a minimal insurance policy. Rather than settle the case, when their driver was 100% at fault and the injuries he caused were severe, Allstate delayed, fought, and defended an indefensible case, all in an effort to try to get our office to accept a slightly lower offer, which we ultimately refused to do and Allstate had to pay the policy anyway. I would love for someone to explain to me exactly how my client, or Allstate's insured, were "in good hands with Allstate."
Allstate began the strategy that resulted in its status as worst insurance company in the mid 1990's when it hired the “efficiency” consulting firm McKinsey & Company, who specialize in redesigning product delivery systems for Fortune 100 companies to maximize profits. McKinsey created a plan for Allstate's claims operations known as the “Claims Core Process Redesign” or simply CCPR. According to the author of "From Good Hands To Boxing Gloves", David Berardinelli, CCPR has generated between $15 to $25 billion in excess profits for Allstate's stockholders.
The ranking of the 10 worst insurance companies by the AAOJ is as follows: 1) Allstate, 2) Unum, 3) AIG, 4) State Farm, 5) Conseco, 6) WellPoint, 7) Farmers, 8) United Health, 9) Torchmark, and 10) Liberty Mutual.
For a free consultation with an aggressive, experienced lawyer who has obtained numerous verdicts and settlements for his clients, and in the process defeated the insurance company tactics described above, contact The Law Office of Mark A. Siesel online or at 888-761-7633.
Allstate began the strategy that resulted in its status as worst insurance company in the mid 1990's when it hired the “efficiency” consulting firm McKinsey & Company, who specialize in redesigning product delivery systems for Fortune 100 companies to maximize profits. McKinsey created a plan for Allstate's claims operations known as the “Claims Core Process Redesign” or simply CCPR. According to the author of "From Good Hands To Boxing Gloves", David Berardinelli, CCPR has generated between $15 to $25 billion in excess profits for Allstate's stockholders.
The ranking of the 10 worst insurance companies by the AAOJ is as follows: 1) Allstate, 2) Unum, 3) AIG, 4) State Farm, 5) Conseco, 6) WellPoint, 7) Farmers, 8) United Health, 9) Torchmark, and 10) Liberty Mutual.
For a free consultation with an aggressive, experienced lawyer who has obtained numerous verdicts and settlements for his clients, and in the process defeated the insurance company tactics described above, contact The Law Office of Mark A. Siesel online or at 888-761-7633.
The Most Dangerous Section of the New York State Thruway
In the last decade, the stretch of the New York State Thruway between exits 15 A and 16, a section of roadway approximately 13 miles in length, has claimed the lives of 25 people, the last three in March of this year. The irony is that the thruway in this area between Sloatsburg and Harriman, New York, which this writer travels regularly, is a pleasant, mostly straight and altogether unremarkable section of highway, looking every bit the prototypical interstate designed to take drivers quickly and safely from city to city.
After considerable analysis, state troopers and transportation officials cannot seem to find anything wrong with the roadway. “They are basically flukes,” said Sgt. James A. Whittel of the New York State Police, referring to the long string of deadly crashes. “It’s usually that the driver did something bizarre that causes the accident.”
In a March 17, 2006 automobile accident, on March 17, 2006, the driver of a minivan stopped in the middle of the right traffic lane to check a tire. A tractor-trailer slammed into the van, killing four people, including three children. It was the third of four crashes between Feb. 7, 2006, and June 18, 2006, that killed 10 people.
After considerable analysis, state troopers and transportation officials cannot seem to find anything wrong with the roadway. “They are basically flukes,” said Sgt. James A. Whittel of the New York State Police, referring to the long string of deadly crashes. “It’s usually that the driver did something bizarre that causes the accident.”
In a March 17, 2006 automobile accident, on March 17, 2006, the driver of a minivan stopped in the middle of the right traffic lane to check a tire. A tractor-trailer slammed into the van, killing four people, including three children. It was the third of four crashes between Feb. 7, 2006, and June 18, 2006, that killed 10 people.
Insurance Institute Analyzes Vehicle Death Rates
The Insurance Institute for Highway Safety analyzed the highest and lowest death rates for motor vehicles between 2002 and 2005. Interestingly, General Motors manufactured the automobile with the highest death rate as well as the vehicle with the lowest death rate, measured by driver deaths per million registered vehicles during the four-year span. The Chevy Blazer had the highest of any vehicle, with 232 driver deaths per million registered vehicles, followed by the Acura RSX with 202 driver deaths. The next highest death rate was found in the Nissan 350Z, with 193 deaths. The analysis was performed by dividing the reported number of driver deaths by the model's number of registered years.
The lowest number of deaths was recorded by the Chevrolet Astro minivan, with only seven deaths per million registered vehicles. This was followed by the Infiniti G35, BMW 7 Series and the Toyota 4Runner.
In a strange twist, General Motors no longer manufactures either the Chevy Blazer or the Astro.
There is certainly an open question as to other variables not considered by the Insurance Institute, including the age and gender of the of the drivers involved.. Further, statistically speaking, it is likely that a driver of a Chevy Astro minivan is more likely to be, for example, a mom with children in the car, and much more likely to avoid risk taking behavior than the driver of a Chevy Blazer. It is hard to fathom that a Chevrolet Blazer is over thirty times safer than the Astro.
Without question, the drivers of heavier vehicles such as SUV's and pickups are going to have lower death rates, even taking into consideration the driver profiles involved. With the cost of gasoline skyrocketing, automobile manufacturers are likely to make smaller vehicles in the future to improve gas mileage and make them more affordable to drive. However, based on the statistics of this study, it is an unfortunate fact that the smaller the vehicle, the more likely that there will be a commensurate rise in automobile death rates.
The lowest number of deaths was recorded by the Chevrolet Astro minivan, with only seven deaths per million registered vehicles. This was followed by the Infiniti G35, BMW 7 Series and the Toyota 4Runner.
In a strange twist, General Motors no longer manufactures either the Chevy Blazer or the Astro.
There is certainly an open question as to other variables not considered by the Insurance Institute, including the age and gender of the of the drivers involved.. Further, statistically speaking, it is likely that a driver of a Chevy Astro minivan is more likely to be, for example, a mom with children in the car, and much more likely to avoid risk taking behavior than the driver of a Chevy Blazer. It is hard to fathom that a Chevrolet Blazer is over thirty times safer than the Astro.
Without question, the drivers of heavier vehicles such as SUV's and pickups are going to have lower death rates, even taking into consideration the driver profiles involved. With the cost of gasoline skyrocketing, automobile manufacturers are likely to make smaller vehicles in the future to improve gas mileage and make them more affordable to drive. However, based on the statistics of this study, it is an unfortunate fact that the smaller the vehicle, the more likely that there will be a commensurate rise in automobile death rates.
Speeding Drivers on New York's Tappan Zee Bridge
The fatal auto accident this past July involving a truck driver and a speeding motorist have brought on renewed calls for stronger traffic enforcement on the New York Tappan Zee Bridge. According to the police investigation, the driver of a 1995 Mitsubishi was driving recklessly and struck the rear of a tractor trailer driven by Ricardo Riveros. The impact of the accident caused the truck to swerve across several lanes of travel, break through 270 feet of concrete barrier before flipping over and exploding into flames on the other side of the bridge, killing Mr. Riveros. This tragic accident has resulted in calls for more traffic enforcement on the Westchester County and Rockland County sides of the bridge, as well as the installation of cameras which could track the rate of speeding drivers.
New York Driver Auto Crash Analysis
According to a study by the Rand Corporation, drivers over the age of 65 are two-thirds less likely to be in a car accident than drivers between the ages of 18-25. Further, the oldest drivers are only 16% more likely to be in an automobile accident than drivers between the ages of 26-64, which was a much smaller difference than is commonly believed.
Though older drivers have slower reflexes and deteriorating skills that woudl certainly make them more likely to be in a car accident, they compensate by avoiding riskier driving conditions, and many stop driving when their skills and senses become too impaired. However, older drivers are much more likely to die in an automobile accident than younger drivers, because they are frailer.
Though older drivers have slower reflexes and deteriorating skills that woudl certainly make them more likely to be in a car accident, they compensate by avoiding riskier driving conditions, and many stop driving when their skills and senses become too impaired. However, older drivers are much more likely to die in an automobile accident than younger drivers, because they are frailer.
Fatal Accident On New York Bronx River Parkway Results In Calls for Stricter Traffic Enforcement
The fatal car crash on New York's Bronx River Parkway this past Wednesday has Westchester residents calling for stricter traffic enforcement. An elderly Yonkers couple, Ralph and Phyllis Cecere, were killed in the horrific car accident car crash when a Honda driven by 18 year old Justin Martinez collided with their Cadillac, which then burst into flames. According to the Journal News, a witness observed Martinez weaving in and out of traffic, driving on the shoulder of the roadway, and driving at an excessive rate of speed.
In response to numerous calls by Westchester County residents for increased traffic enforcement, the Westchester County Police Department has outlined the steps they are taking to curb aggressive driving, reckless driving, and reduce auto accidents. These steps include the following: aggressive driving details, in "low profile", unmarked vehicles; spot speed enforcement checks; radar screens to inform drivers of their speed; and the placement of unmanned patrol cars, called "drones", to cause drivers to slow down in the belief that the cars do have officers inside them.
In response to numerous calls by Westchester County residents for increased traffic enforcement, the Westchester County Police Department has outlined the steps they are taking to curb aggressive driving, reckless driving, and reduce auto accidents. These steps include the following: aggressive driving details, in "low profile", unmarked vehicles; spot speed enforcement checks; radar screens to inform drivers of their speed; and the placement of unmanned patrol cars, called "drones", to cause drivers to slow down in the belief that the cars do have officers inside them.
Britney Spears Latest Example of Dangerous Driving Throughout United States
Britney Spears latest run in with the law in which she went through a red light and made an illegal left turn with her children in the car highlights two significant safety issues, one of which we wrote about in our April 8, 2007 blog. Namely, New York mothers driving while intoxicated with their children in the car. A video taken by TMZ.com videographers shows Ms. Spears going through a red light at a well known dangerous intersection in Los Angeles with her two young sons sleeping in the back and her court-appointed monitor in the front. Although on this occasion, Ms. Spears has not been charged with intoxication as part of her traffic offenses, her troubles with drugs, alcohol and vehicles are well documented.
The other issue is New York drivers disregarding traffic signals and routinely going through stop signs and red lights. More and more in this age of people in a hurry to get to their next destination, drivers treat traffic signals like inconvenient nuisances rather than part of the New York Vehicle & Traffic Law. For example, our office in White Plains is one block east of the intersection of Mamaroneck Avenue and Post Road. This intersection has a huge no left turn sign above the traffic lights, which drivers seemingly disregard at will, despite the fact that the intersection has been the site of multiple accidents over the years, and the frequent police presence from the City of White Plains Police Department.
The other issue is New York drivers disregarding traffic signals and routinely going through stop signs and red lights. More and more in this age of people in a hurry to get to their next destination, drivers treat traffic signals like inconvenient nuisances rather than part of the New York Vehicle & Traffic Law. For example, our office in White Plains is one block east of the intersection of Mamaroneck Avenue and Post Road. This intersection has a huge no left turn sign above the traffic lights, which drivers seemingly disregard at will, despite the fact that the intersection has been the site of multiple accidents over the years, and the frequent police presence from the City of White Plains Police Department.
Another Fatal Accident on the New York Bronx River Parkway
November 2007 has been a treacherous month on the Bronx River Parkway in New York. On November 13, 2007, we did a report "Fatal Accident on the Bronx River Parkway..." describing the New York fatal car crash in which a Yonkers couple, Bernard and Phyllis Cecere, was killed when their vehicle was struck by an apparently speeding car driven by 19 year old Justin Martinez near Oak Street in Yonkers.
On November 26, 2007, an Orange County man was killed and a Peekskill woman seriously injured in a nearly head on collision on the Bronx River Parkway just north of the Virginia Road exit. On a curvy section of the roadway heading southbound, Dawn Young was driving a 2004 Jeep Liberty when she apparently crossed the double yellow line, colliding with a 2005 Mazda being driven by Gerald Wolfe, who died from his injuries at Westchester Medical Center. Ms. Young's injuries are not considered life threatening. This was second fatal accident in the exact same location of the Parkway; back in October of 1999, three people were killed when a carjacking suspect at the wheel of a stolen Cadillac veered onto the southbound side of the Parkway near Virginia Road and struck the vehicle of a Chappaqua couple on their way home from church. Ironically, after several years of delay due to federal government regulations requiring the installation of storm water basins, construction work was scheduled to begin the same day of the most recent fatal car crash to install center barriers from Cemetery Road at exit 23 to Lafayette Avenue at Exit 27. However, work was delayed due to the inclement weather conditions.
The Westchester County Police have indicated that it is too early to determine if alcohol, drugs, the poor weather conditions, or slippery roads were factors in the fatal car accident.
On November 26, 2007, an Orange County man was killed and a Peekskill woman seriously injured in a nearly head on collision on the Bronx River Parkway just north of the Virginia Road exit. On a curvy section of the roadway heading southbound, Dawn Young was driving a 2004 Jeep Liberty when she apparently crossed the double yellow line, colliding with a 2005 Mazda being driven by Gerald Wolfe, who died from his injuries at Westchester Medical Center. Ms. Young's injuries are not considered life threatening. This was second fatal accident in the exact same location of the Parkway; back in October of 1999, three people were killed when a carjacking suspect at the wheel of a stolen Cadillac veered onto the southbound side of the Parkway near Virginia Road and struck the vehicle of a Chappaqua couple on their way home from church. Ironically, after several years of delay due to federal government regulations requiring the installation of storm water basins, construction work was scheduled to begin the same day of the most recent fatal car crash to install center barriers from Cemetery Road at exit 23 to Lafayette Avenue at Exit 27. However, work was delayed due to the inclement weather conditions.
The Westchester County Police have indicated that it is too early to determine if alcohol, drugs, the poor weather conditions, or slippery roads were factors in the fatal car accident.
Westchester County Car Accidents Caused By Aggressive And Inattentive Drivers
2007 continued a trend of numerous New York car accidents on suburban New York roadways dominated by aggressive, inattentive drivers causing numerous car accidents and fatalities. According to Captain John Hodges of the Westchester County Police, the main causes of these New York car crashes and auto deaths are: speeding, driving while intoxicated, following too closely, taking curves too fast and weaving in and out of traffic.
New York car accidents are also being caused by inattentive drivers who are speaking on cell phones, adjusting their global positioning devices, and listening to their IPods with earphones. Additionally, a new and shocking trend that has been observed by motorists and police patrols alike is young drivers text messaging while driving!
Fatal accidents in New York rose from 2005 to 2006 in the counties of Westchester, Rockland and Putnam. Statistics are not yet available for 2007. DWI arrests on Westchester County roadways increased from 470 to 494 in 2007 due to more aggressive enforcement, according to Capt. Hodges.
New York car accidents are also being caused by inattentive drivers who are speaking on cell phones, adjusting their global positioning devices, and listening to their IPods with earphones. Additionally, a new and shocking trend that has been observed by motorists and police patrols alike is young drivers text messaging while driving!
Fatal accidents in New York rose from 2005 to 2006 in the counties of Westchester, Rockland and Putnam. Statistics are not yet available for 2007. DWI arrests on Westchester County roadways increased from 470 to 494 in 2007 due to more aggressive enforcement, according to Capt. Hodges.
New York car accidents caused by GPS devices
Global positoning devices (GPS), although a lifesaver to some, have been blamed for numerous New York car accidents over the last few years. Most recently, earlier this month, a driver from California caused a fiery car accident when he turned on to railroad tracks in Bedford Hills and his vehicle was struck by an oncoming train when the car became stuck on the tracks.
The driver, a 32 year old who works for a SIlicon Valley tech company, claims that the GPS device in his vehicle instructed him to turn right onto the train tracks leading to the January 4 New York motor vehicle accident with the oncoming train. The driver exited the vehicle before the accident and was not injured.
Since 2005, according to Dan Brucker of Metro-North railroad, a growing number of out of state drivers have informed police that they were following GPS devices instead of paying attention to signs at parkway entrances. A spokeman for Garmin, the largest GPS seller in North America, indicated that 15% of cars are now equipped with the GPS devices.
Investigators caution that following the rules of the road, and obeying rodway signs, always takes precedence over GPS devices, which can be quiet distracting with their illuminated maps and authoritative voice commands.
The driver, a 32 year old who works for a SIlicon Valley tech company, claims that the GPS device in his vehicle instructed him to turn right onto the train tracks leading to the January 4 New York motor vehicle accident with the oncoming train. The driver exited the vehicle before the accident and was not injured.
Since 2005, according to Dan Brucker of Metro-North railroad, a growing number of out of state drivers have informed police that they were following GPS devices instead of paying attention to signs at parkway entrances. A spokeman for Garmin, the largest GPS seller in North America, indicated that 15% of cars are now equipped with the GPS devices.
Investigators caution that following the rules of the road, and obeying rodway signs, always takes precedence over GPS devices, which can be quiet distracting with their illuminated maps and authoritative voice commands.
New York City Car Crash Kills Woman Who Survived 9/11
Florence Cioffi, a woman who survived 9/11 and was just days from her 60th birthday, was killed in a New York City car accident on January 24 when she was run over by a vehicle driven by computer software executive George Anderson just before 11:00 PM on Water Street in Manhattan. Mr. Anderson kept driving, but returned to the scene a short time later, where he was observed by police officers to have bloodshot eyes, smell of alcohol, and have slurred speech. Mr. Anderson refused a police request to take a breathalyzer test. Police immediately administered a blood alcohol test; the results have not been announced yet.
Study Shows That More Than 60% Have Pain 1 Year After Accident
The Journal Archives of Surgery published a study on March 17th which found that a year after an injury in a car accident, slip and fall or other types of accidents, 63 percent reported that they still had substantial pain related to the injury. The over 3,000 patients studied were 18 to 84 years of age, who had survived a traumatic injury.
The people in the study suffered head injuries, broken limbs, chest or abdominal trauma and other injuries in motor vehicle crashes, slip/trip and fall accidents and other circumstances. The most common areas of pain were in the joints and limbs (44 %), the back (26 %), the head (12 %), and the neck (7 %).
The American Pain Foundation, a Baltimore-based advocacy group, said the financial cost of chronic pain in the United States, including lost income, health care expenses and lost productivity in the workplace, is estimated to be $100 billion per year. According to this foundation, back pain is the leading cause of disability in Americans under 45 years old.
In our practice, we are frequently battling with insurance companies in New York car accidents who want to cut our clients off from No-Fault benefits based on a negative MRI despite the fact that it is abundantly clear that the client is still in significant pain--without any objective proof of this pain such as positive X-rays, CAT Scans, or MRI's. In these situations, our recommendation to our clients is simple: you must continue to treat with your chiropractor, physical therapist, physiatrist, or acupuncturist, in order to alleviate the pain and establish the evidence necessary to meet the "No-Fault Threshold"--the requirement in order to recover compensation for injuries in a New York car accident.
The people in the study suffered head injuries, broken limbs, chest or abdominal trauma and other injuries in motor vehicle crashes, slip/trip and fall accidents and other circumstances. The most common areas of pain were in the joints and limbs (44 %), the back (26 %), the head (12 %), and the neck (7 %).
The American Pain Foundation, a Baltimore-based advocacy group, said the financial cost of chronic pain in the United States, including lost income, health care expenses and lost productivity in the workplace, is estimated to be $100 billion per year. According to this foundation, back pain is the leading cause of disability in Americans under 45 years old.
In our practice, we are frequently battling with insurance companies in New York car accidents who want to cut our clients off from No-Fault benefits based on a negative MRI despite the fact that it is abundantly clear that the client is still in significant pain--without any objective proof of this pain such as positive X-rays, CAT Scans, or MRI's. In these situations, our recommendation to our clients is simple: you must continue to treat with your chiropractor, physical therapist, physiatrist, or acupuncturist, in order to alleviate the pain and establish the evidence necessary to meet the "No-Fault Threshold"--the requirement in order to recover compensation for injuries in a New York car accident.
New York City Councilman Seeking Ban On Text Messaging Drivers
New York City Councilman David Weprin has introduced a bill which would ban the sending or reading of text messages while driving within New York City. As the Queens Democrat stated: You're not looking at the road and you don't have both hands on the wheel when driving while text messaging... the probability for auto accidents is too high to ignore." The bill will be modeled after New York State's ban on the use of cellphones while driving, which imposes a $100.00 fine for this violation of the New York Vehicle & Traffic Law.
The proposal was prompted by the tragic fatal car crash in New York's Finger Lakes region last summer when 5 teenage girls riding in an SUV died. The accident investigation revealed that the driver was sending a text message when she swerved into oncoming traffic and the vehicle collided with a tractor-trailer.
There are only four states that currently ban texting while driving, according to the Governors Highway Safety Association--Alaska, Minnesota, New Jersey and Washington. Legislation to do the same is under consideration in 16 other states, according to Mr. Weprin's staff. Based on a 2006 study by Nationwide Insurance, 19% of drivers text message at the wheel, including a whopping 37% of drivers between the ages of 18 and 27.
If you are injured in a New York automobile accident, contact the Law Office of Mark A. Siesel online or at 888-761-7633 for a free consultation with an experienced, knowledgeable attorney to analyze your case and discuss your legal rights and options.
The proposal was prompted by the tragic fatal car crash in New York's Finger Lakes region last summer when 5 teenage girls riding in an SUV died. The accident investigation revealed that the driver was sending a text message when she swerved into oncoming traffic and the vehicle collided with a tractor-trailer.
There are only four states that currently ban texting while driving, according to the Governors Highway Safety Association--Alaska, Minnesota, New Jersey and Washington. Legislation to do the same is under consideration in 16 other states, according to Mr. Weprin's staff. Based on a 2006 study by Nationwide Insurance, 19% of drivers text message at the wheel, including a whopping 37% of drivers between the ages of 18 and 27.
If you are injured in a New York automobile accident, contact the Law Office of Mark A. Siesel online or at 888-761-7633 for a free consultation with an experienced, knowledgeable attorney to analyze your case and discuss your legal rights and options.
New York Car Accidents--The Five Most Dangerous Holidays To Drive
According to data from the National Highway Traffic Safety Administration, in which NHTSA reported on motor vehicle deaths from 2001 through 2006, there are five holidays that drivers should try to steer clear of, if at all possible. The fifth most dangerous holiday is New Year's Day, (which surprised this writer--I would have thought it would be the most dangerous with the amount of alcohol consumed and volume of drivers on the roadways) with an average of 421 vehicular deaths. The fourth most dangerous holiday is Labor Day weekend, especially as a result of overcrowded roads and out of town travel. There was an average of 488 deaths for the 6 year period of the study. Number 3, with an average of 493 deaths, is Memorial Day Weekend, with coastal roads overcrowded with 38 million people on the roads, according to AAA statistics.
The second most lethal holiday for drivers is Independence Day, with average motorist deaths at 505. It is estimated that 53% of July 4th crashes involve at least one drunk driver. The most dangerous holiday of all? That would be Thanksgiving, with too much wine at dinner, perhaps, and possibly extra exhaustion from an over indulgence in rich foods--this holiday averaged 573 vehicular deaths over the last 6 years, and in 2006, there were 623 traffic fatalities. So please be extra careful this Thanksgiving!
If you, a family member or relative are injured in a car accident or any other type of accident, contact The Law Office Of Mark A. Siesel online or toll free at 888-761-7633 for a free consultation with an experienced, aggressive attorney who will fight to get you the maximum compensation for your pain and suffering, lost earnings and loss of quality of life.
The second most lethal holiday for drivers is Independence Day, with average motorist deaths at 505. It is estimated that 53% of July 4th crashes involve at least one drunk driver. The most dangerous holiday of all? That would be Thanksgiving, with too much wine at dinner, perhaps, and possibly extra exhaustion from an over indulgence in rich foods--this holiday averaged 573 vehicular deaths over the last 6 years, and in 2006, there were 623 traffic fatalities. So please be extra careful this Thanksgiving!
If you, a family member or relative are injured in a car accident or any other type of accident, contact The Law Office Of Mark A. Siesel online or toll free at 888-761-7633 for a free consultation with an experienced, aggressive attorney who will fight to get you the maximum compensation for your pain and suffering, lost earnings and loss of quality of life.
New York Car Accidents--Distracted Driving A Serious Problem
According to a study by the Network of Employers For Traffic Safety, distracted driving is a factor in 25% to 30% of all car accidents, or 4,000 car crashes every day. As hard as it is to believe, drivers make an average of 200 decisions for every mile traveled, making it all the more critical that your attention is on the road, not on that important meeting you are heading to or a cell phone call you need to make in the car. The same study found that distracted drivers fail to recognize potential safety hazards on the road and react more slowly to traffic conditions, decreasing their margin of safety.
To know if you are driving distracted, take the following test: Have you ever slammed on your brakes because you didn't see the car in front of you stop? Run a stop sign unintentionally? Forgot entirely that you drove from one place to another? If so, you have been "driving while distracted."
The study identified the percentages of distracting activities that drivers engage in: 96% talk to their passengers; 89% adjust vehicle climate and radio controls; 74% eat a meal or snack; 51% use a cell phone; 41% tend to children; 34% read a map; and 19% groom themselves for work.
It is certainly a given that you will be speaking with your children in the car, but I have seen people shaving, putting on makeup, reading a map, making a cell phone call with no hands on the wheel, adjusting their radio, and turning around to speak with their passengers on many occasions, and have had to avert numerous wayward drivers due to these activities.
The best advice is to eat that snack, make that call, comb your hair and get your directions before getting in the car, so we can all be safer on the roads!
To know if you are driving distracted, take the following test: Have you ever slammed on your brakes because you didn't see the car in front of you stop? Run a stop sign unintentionally? Forgot entirely that you drove from one place to another? If so, you have been "driving while distracted."
The study identified the percentages of distracting activities that drivers engage in: 96% talk to their passengers; 89% adjust vehicle climate and radio controls; 74% eat a meal or snack; 51% use a cell phone; 41% tend to children; 34% read a map; and 19% groom themselves for work.
It is certainly a given that you will be speaking with your children in the car, but I have seen people shaving, putting on makeup, reading a map, making a cell phone call with no hands on the wheel, adjusting their radio, and turning around to speak with their passengers on many occasions, and have had to avert numerous wayward drivers due to these activities.
The best advice is to eat that snack, make that call, comb your hair and get your directions before getting in the car, so we can all be safer on the roads!
New York Drivers Score Lowest On Written Driving Test
In a national written driving test sponsored by GMAC Insurance, New York drivers scored lower than any other state in the nation this year, according to the company. New Jersey drivers scored the lowest last year. The test consists of 20 questions about driving rules that are uniform across the U.S. New York drivers averaged 70.5%, passing the test, but barely. Conversely, Idaho and Wisconsin drivers tied for first place with average scores of 80.6%.
However, a spokesman for the Department of Motor Vehicles, NYDMV noted that there are substantially fewer fatal car accidents in New York per capita than in Idaho or Wisconsin, where drivers scored the best on the written driving tests. The New York DMV suggests that drivers go to the DMV website for information on defensive driving classes which can reduce points on your license and lower insurance payments.
To try out the written test yourself, go to the GMAC test page. For the record, I took the test and got an 80%, meaning that I missed 4 questions out of the 20. I must say that I was surprised to learn that you are permitted to pass on the right (obviously, everybody does it but I did not know it was legal) when traveling on a multi-lane highway carrying two or more lanes of traffic in the same direction--just shows that you can always learn something new!
However, a spokesman for the Department of Motor Vehicles, NYDMV noted that there are substantially fewer fatal car accidents in New York per capita than in Idaho or Wisconsin, where drivers scored the best on the written driving tests. The New York DMV suggests that drivers go to the DMV website for information on defensive driving classes which can reduce points on your license and lower insurance payments.
To try out the written test yourself, go to the GMAC test page. For the record, I took the test and got an 80%, meaning that I missed 4 questions out of the 20. I must say that I was surprised to learn that you are permitted to pass on the right (obviously, everybody does it but I did not know it was legal) when traveling on a multi-lane highway carrying two or more lanes of traffic in the same direction--just shows that you can always learn something new!
After NY Car Crash, Be Wary Of Insurance Company Calls
When you have been injured in a New York car crash, you will be contacted by two insurance companies--your own, and the carrier for the car that hit you. As will be described below, the simple rule is: cooperate with your insurance company, and hang up on the other driver's representative. In New York, your medical, hospital, and miscellaneous bills and expenses are paid through your own No-Fault insurance coverage. Therefore, you must cooperate in every way with your own insurance company to ensure that your bills are paid, lost wages compensated, and other expenses such as property damage are paid for.
However, soon after the New York car accident, you will invariably hear from the other driver's insurance representative. Under the guise of simply "wanting to know how you are doing", this insurance representative will request that you provide a written or recorded statement regarding the accident, and what measures you took to avoid the accident. YOU MUST NOT COOPERATE. Remember that these insurance adjusters are trained to ask you leading, misleading or confusing questions with the goal of attributing some or all of the fault of the accident to you. Their hope is to obtain a damaging statement from you before you have had the opportunity to speak with a lawyer who would obviously advise you against providing the other driver's insurance company with anything. Sometimes, these adjusters will attempt to visit you with a release and small settlement check in hand, to try to get a settlement before you have met with a lawyer. Bottom line--when the other company calls, tell them you are meeting with your attorney, and hang up the phone. Don't say anything, don't write anything, and whatever you do, DO NOT SIGN ANYTHING.
If you or a loved one is injured in a car accident, or any other type of accident, contact the personal injury lawyers at The Law Office Of Mark A. Siesel online or toll free at 888-761-7633 for a free consultation with an experienced, aggressive and knowledgeable advocate who will fight to obtain the maximum possible compensation for your injuries.
However, soon after the New York car accident, you will invariably hear from the other driver's insurance representative. Under the guise of simply "wanting to know how you are doing", this insurance representative will request that you provide a written or recorded statement regarding the accident, and what measures you took to avoid the accident. YOU MUST NOT COOPERATE. Remember that these insurance adjusters are trained to ask you leading, misleading or confusing questions with the goal of attributing some or all of the fault of the accident to you. Their hope is to obtain a damaging statement from you before you have had the opportunity to speak with a lawyer who would obviously advise you against providing the other driver's insurance company with anything. Sometimes, these adjusters will attempt to visit you with a release and small settlement check in hand, to try to get a settlement before you have met with a lawyer. Bottom line--when the other company calls, tell them you are meeting with your attorney, and hang up the phone. Don't say anything, don't write anything, and whatever you do, DO NOT SIGN ANYTHING.
If you or a loved one is injured in a car accident, or any other type of accident, contact the personal injury lawyers at The Law Office Of Mark A. Siesel online or toll free at 888-761-7633 for a free consultation with an experienced, aggressive and knowledgeable advocate who will fight to obtain the maximum possible compensation for your injuries.
New York Car Accidents--Cellphones Dangerous Even With Handsfree Devices
We all have witnessed drivers on the highway applying makeup, shaving, looking at maps or other reading materials, and focusing on everything but the road. But in an eye-opening series in the New York Times entitled "Driven to Distraction", studies have apparently shown that drivers using cellphones are four times as likely to cause a crash as other drivers, and their likelihood of causing a car crash is equal to that of someone who is intoxicated with a blood alcohol of .08! Worse yet, for those of us who feel that we've reduced the risk of distracted driving by using hands free devices, this can actually increase the risks by making us believe that the behavior is safe.
A 2003 study done at Harvard University estimated that distracted driving caused by cellphone usage resulted in an annual 2,600 fatalities and 330,000 accidents with moderate or severe injuries. A particularly compelling story mentioned in the series is that of Christopher Hill, a 20 year old Oklahoma resident, who was so involved in a call while driving that he ran a red light and broadsided a car driven by Linda Doyle, who died at the scene. When the investigating officer asked Mr. Hill what color the light was, he responded that he hadn't even seen the traffic light at all. New York is one of only 5 states around the United States that ban hand-held cellphones while driving, but no state legislature has banned talking on a cellphone while driving. It is clear that the cellphone carriers, including Verizon Wireless, Sprint, AT & T and T-Mobile are a very strong lobby in Washington, and banning all cellphone usage in cars, even with hand-held devices, is a political "non-starter."
According to a study by the Governors Highway Association, 8 states in the U.S. ban cellphone use for novice drivers and 4 states do so for bus drivers, with 13 states banning cellphones for novices and bus drivers. 14 states ban texting for all drivers and 9 ban texting for novices only. The New York Legislature has sent a bill to Governor Paterson to ban texting while driving, (we will write about this in a separate post) which he is expected to sign and would go into effect on November 1, 2009.
As part of Mr. Hill's sentence for his Oklahoma misdemeanor conviction in the death of Linda Doyle, he must perform 240 hours of community service discussing the risks of distracted driving and speaking to classrooms of students about "talking on a cellphone and killing someone." Cars over the last few years are often equipped with navigation systems with voice commands, which allow drivers to keep their focus on the road rather than viewing a screen. However, with the advance in technology giving us audio, video, GPS, the Internet and give and take with voice commands, it is clear that the safety issues of distracted driving are not going away any time soon.
A 2003 study done at Harvard University estimated that distracted driving caused by cellphone usage resulted in an annual 2,600 fatalities and 330,000 accidents with moderate or severe injuries. A particularly compelling story mentioned in the series is that of Christopher Hill, a 20 year old Oklahoma resident, who was so involved in a call while driving that he ran a red light and broadsided a car driven by Linda Doyle, who died at the scene. When the investigating officer asked Mr. Hill what color the light was, he responded that he hadn't even seen the traffic light at all. New York is one of only 5 states around the United States that ban hand-held cellphones while driving, but no state legislature has banned talking on a cellphone while driving. It is clear that the cellphone carriers, including Verizon Wireless, Sprint, AT & T and T-Mobile are a very strong lobby in Washington, and banning all cellphone usage in cars, even with hand-held devices, is a political "non-starter."
According to a study by the Governors Highway Association, 8 states in the U.S. ban cellphone use for novice drivers and 4 states do so for bus drivers, with 13 states banning cellphones for novices and bus drivers. 14 states ban texting for all drivers and 9 ban texting for novices only. The New York Legislature has sent a bill to Governor Paterson to ban texting while driving, (we will write about this in a separate post) which he is expected to sign and would go into effect on November 1, 2009.
As part of Mr. Hill's sentence for his Oklahoma misdemeanor conviction in the death of Linda Doyle, he must perform 240 hours of community service discussing the risks of distracted driving and speaking to classrooms of students about "talking on a cellphone and killing someone." Cars over the last few years are often equipped with navigation systems with voice commands, which allow drivers to keep their focus on the road rather than viewing a screen. However, with the advance in technology giving us audio, video, GPS, the Internet and give and take with voice commands, it is clear that the safety issues of distracted driving are not going away any time soon.
Westchester County Fatal Accident--Was It Unavoidable?
In the wake of the horrific Westchester fatal car crash which killed 36 year old Diane Schuler, her 2 year old daughter, three young nieces, and three men on their way to a Sunday lunch with family, there is this question: Was this terrible tragedy avoidable? We have all heard the main facts by now--A 36 year old woman with her infant daughter, young son, and three young nieces in her minivan, on her way home from a weekend camping trip in Sullivan County, drives the wrong way on the Taconic Parkway for almost two miles, and collides head on with a Chevy Trailblazer occupied by Michael Bastardi, his son Guy Bastardi, and family friend Daniel Longo. All except Schuler's five year old son Bryan were killed in the crash, and we now learn that at the time of the accident, Ms. Schuler had a blood alcohol content of .19, (which is almost triple the legal limit of .08), six grams of alcohol in her stomach, and high levels of THC from smoking marijuana within one hour of the Westchester County car crash.
There have been numerous accounts of other drivers seeing Ms. Schuler driving erratically on Routes 17 and 87, weaving in and out of lanes, tailgating and driving across grassy medians. There were several reports that once on the Taconic Parkway northbound (in what Schuler apparently believed was the right lane of the parkway southbound), drivers were beeping their horns, flashing their headlights, and calling 911, all to no avail. It is particularly tragic that with the usual police presence on each of these roadways, (especially on Route 17 and the Taconic), that Ms. Schuler was never stopped and arrested for DWI.
But there is another issue to address here for each of us. If confronted with a car proceeding toward you the wrong way on a high speed roadway, what would you do? Let's start out with some basic estimates and facts. Assuming that the Schuler and Bastardi vehicles were each traveling at approximately 60 miles per hour, that means that the vehicles were moving toward each other at approximately 175 feet per second--120 m.p.h @1.467 feet per second. There is a wide variance in brake reaction time statistically, but generally speaking, the range is between 1.5 seconds and 3 seconds. Then there is what is known as brake engagement distance, (how long it takes the brakes to begin slowing the car once the foot depresses the pedal), which some studies have indicated is about 0.3 seconds. Adding on what is known as physical force distance-- how far the vehicle would continue to travel before it stopped, at least another 150 feet would be needed for each vehicle to come to a stop.
There have been numerous accounts of other drivers seeing Ms. Schuler driving erratically on Routes 17 and 87, weaving in and out of lanes, tailgating and driving across grassy medians. There were several reports that once on the Taconic Parkway northbound (in what Schuler apparently believed was the right lane of the parkway southbound), drivers were beeping their horns, flashing their headlights, and calling 911, all to no avail. It is particularly tragic that with the usual police presence on each of these roadways, (especially on Route 17 and the Taconic), that Ms. Schuler was never stopped and arrested for DWI.
But there is another issue to address here for each of us. If confronted with a car proceeding toward you the wrong way on a high speed roadway, what would you do? Let's start out with some basic estimates and facts. Assuming that the Schuler and Bastardi vehicles were each traveling at approximately 60 miles per hour, that means that the vehicles were moving toward each other at approximately 175 feet per second--120 m.p.h @1.467 feet per second. There is a wide variance in brake reaction time statistically, but generally speaking, the range is between 1.5 seconds and 3 seconds. Then there is what is known as brake engagement distance, (how long it takes the brakes to begin slowing the car once the foot depresses the pedal), which some studies have indicated is about 0.3 seconds. Adding on what is known as physical force distance-- how far the vehicle would continue to travel before it stopped, at least another 150 feet would be needed for each vehicle to come to a stop.
Third Wrong Way Driver on Westchester County Taconic Parkway
Following the tragic Westchester County fatal car crash this past July, in which Diane Shuler killed herself and 7 others driving while intoxicated southbound in the northbound lanes of the Taconic Parkway, two other allegedly intoxicated drivers have driven the wrong way on the Taconic Parkway. First, in early September, 44 year old Bronx resident Gregorio Pena was arrested for driving two miles northbound in the southbound lanes of the Taconic in Yorktown. Pena allegedly had a blood alcohol content (BAC) of .20, more than two times the legal limit of .08 percent. Pena was charged with felony reckless endangerment and New York aggravated DWI.
On September 17, Henry M. Garcia, a nineteen year old unlicensed illegal immigrant from Guatemala, was found to have a BAC of 0.27 percent, more than three times the legal limit. Garcia was arrested after driving for six miles southbound in the northbound lanes of the Taconic, and was finally pulled over when he made a U-turn in Pleasantville. Mr. Garcia was also charged with DWI, aggravated DWI and felony reckless endangerment. His case is pending in Mount Pleasant.
Thankfully, there were no car accidents in either of the September wrong way driving arrests. However, the New York State Department of Transportation is taking action due to the open question: Why are so many drivers, (taking into account their intoxicated condition) driving the wrong way on this parkway? The State DOT will now install "Wrong Way" signs, as well as "Do Not Enter" and "One Way" signs at all exit and entrance ramps on the parkway by 2010. This measure follows federal transportation recommendations that have been in place since 2007.
Driving schools seem to concur that if someone is driving head on toward you in your lane, to avoid a serious car crash, you should try to veer off to the shoulder if possible. If there is no shoulder or this isn't possible, try to steer into the median, since hitting a fixed object is preferable to a head on collision.
On September 17, Henry M. Garcia, a nineteen year old unlicensed illegal immigrant from Guatemala, was found to have a BAC of 0.27 percent, more than three times the legal limit. Garcia was arrested after driving for six miles southbound in the northbound lanes of the Taconic, and was finally pulled over when he made a U-turn in Pleasantville. Mr. Garcia was also charged with DWI, aggravated DWI and felony reckless endangerment. His case is pending in Mount Pleasant.
Thankfully, there were no car accidents in either of the September wrong way driving arrests. However, the New York State Department of Transportation is taking action due to the open question: Why are so many drivers, (taking into account their intoxicated condition) driving the wrong way on this parkway? The State DOT will now install "Wrong Way" signs, as well as "Do Not Enter" and "One Way" signs at all exit and entrance ramps on the parkway by 2010. This measure follows federal transportation recommendations that have been in place since 2007.
Driving schools seem to concur that if someone is driving head on toward you in your lane, to avoid a serious car crash, you should try to veer off to the shoulder if possible. If there is no shoulder or this isn't possible, try to steer into the median, since hitting a fixed object is preferable to a head on collision.
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