by Long Island Attorney Paul A. Lauto, Esq.

Many of us know the most common causes of car accidents, but far more of us do not safeguard against them on a daily basis.  In order to avoid these common causes or mistakes, we need heighten our awareness of them.   One of the best ways to heighten our awareness of them, is through practice and review.  With that in mind, let us examine 5 of the top causes of car accidents.

1. Driver Fatigue: We often live our fast paced lives with our own bodies running on empty.  Sleep deprivation is the root cause of many problems including diminished work productivity, poor health and car accidents, to name a few.  All too often, especially on long trips, we refuse to acknowledge just how tired we are when driving.  A common mistake is believing that you can drive a "little longer" before needing to stop.  To avoid this pitfall, relinquish the driving to a licensed passenger at the first sign of fatigue and if you are alone, stop and rest before continuing on.

2. Weather:  Inclement weather is another top cause of car accidents.  Poor visibility coupled with wet and/or frozen road surfaces is a deadly combination. Reportedly, approximately 11% of car accident fatalities are attributable to bad weather.  The best way to avoid this statistic, is to stay home and not drive at all when the weather is bad.  If you must drive during bad weather, then do so with caution.

3. Driver Inattention:  When it comes to driving, perhaps it is best to heed the motherly command to "pay attention."  All to often drivers are distracted by talking on the cell phone, texting, making music selections, conversations with passengers, eating, smoking and more.  I once even witnessed a man eating a plate of spaghetti with a fork, while driving on the Grand Central Parkway!  Unfortunately, driver inattention is no joke and causes approximately 16% of car accident fatalities.  The best advice here, is to listen to your mother and focus.

4. Speeding/Aggressive Behavior:  We have speed limits for good reason, yet all too often we disregard them in favor of our impatience.  Tailgating, unsafe lane changes, excessive use of the horn and other aggressive behavior often go hand in hand with speeding.  The unfortunate result is approximately 31% of car accident fatalities.  It is strongly advisable to obey the speed limit, avoid driving while angry and to stay out of the way of those exhibiting aggressive behavior behind the wheel.

5. Alcohol/Drugs:  It should come as no surprise that alcohol and drug influence is one of the top causes of car accidents, accounting for approximately one third of all motor vehicle fatalities.  If you are under the influence of drugs  (prescription or otherwise) or alcohol and make the mistake of driving, you may not only end up in jail but may end up not living to see another day.  The maxim "Don't Drink and Drive" still rings true and applies equally to drugs.

While this article does not promulgate any new revelations when it comes to common causes of car accidents, it hopefully will serve as an important reminder that will heighten our awareness.  Please drive safely and avoid becoming another statistic.

Long Island Lawyer
Paul A. Lauto, Esq.
liattorney.com

by Long Island Attorney Paul A. Lauto, Esq.

First it was Minor League pitcher Nick Goody, who sprained his ankle in a multi-vehicle accident last month on Florida's Intestate 4.  More recently, this past Saturday, Yankee starting outfielder Ichiro Suzuki was involved in a three car accident.

The accident occurred at approximately 4 pm on Saturday on Dale Mabry Highway in Tampa, Florida within three miles of Steinbrenner Field.  While Ichiro was driving southbound, another vehicle cut in front of him causing impact to the front driver's side of Ichiro's Land Rover and  then went on to impact another vehicle.  Tampa police stated that Ichiro had the right of way with a green light and that the other person failed to yield the right of way. 

Although Ichiro's air bags deployed and his vehicle had to be towed from the scene, he stated that he fortunately was not injured in the accident.  As a precaution, Ichiro was scheduled  to submit to a medical examination on Sunday, but is not expected to miss any Spring training games as a result of this accident.

With Yankee starting outfielder Curtis Granderson already on the disabled list with a fractured right arm until at least May, the Yankee organization breathed a sigh of relief that Ichiro remained essentially unscathed.  Opening Day is scheduled for April 1, 2013 at Yankee Stadium, with the Yankees facing off against the arch rival Boston Red Sox.

Long Island Lawyer 
Paul A. Lauto

by Long Island Attorney Paul A. Lauto, Esq.
 
It is common knowledge that inclement weather can result in poor road conditions, which require extra caution while driving.  However, sometimes no matter how careful you drive, you may still be involved in a car accident.  If you are  involved in a car accident, it is important to know what to do when that accident occurs.

1. DO NOT PANIC:  First and foremost is to try and remain calm and make sure that no one has been gravely injured.  If you or anyone else has been gravely injured, seek medical attention immediately.

2. CALL THE POLICE:  Even if the accident appears initially to be minor in nature, it is always wise (when feasible) to call the police so that they may complete an investigation and report as to what happened.  People are not always truthful when thereafter reporting an accident to their insurance company, thereby making the police report the most reliable and objective account as to the happening of the accident.  

3. OBTAIN RELEVANT INFORMATION:  In the heat of the moment it is sometimes difficult to remember what information to obtain.  If you forget, just think of what a police officer always asks for when pulling a driver over.  That is, your license, registration and insurance identification card.  In a polite and respectful manner, ask the driver of the other car to furnish these three items.

When observing the person's license, copy down his/her name, address, date of birth, license expiration date, license identification number, description and State issuing the license.  See that the picture on the license looks like the person and is in fact their license.

When observing the registration, copy down the license plate number, make of the car, year of the car, vehicle identification number, expiration date and name and address of the registered owner.  If the name is different than that on the license, inquire as to who the actual owner is and what their relationship is to the driver, if any.

When observing the insurance identification card, copy down the name of the insurance company for the car, the policy number and the effective term for the insurance.  Make sure that the information provided on the insurance card is in fact for the car you were in the accident with and take photographs of all property damge, if possible.

In short, copy down all information that you feel is important or may possibly be important from the license, registration and insurance identification card, as well as the other person's current telephone number. 

4. SEEK MEDICAL ATTENTION:  Injuries sustained in an automobile accident are not always readily apparent.   In fact, these injuries may often take days or weeks before they are fully manifested.  That is why, even if you think you are fine, it is wise to get examined by a doctor as soon as possible to get a professional opinion.  If you do appear injured, it is best to go to a hospital and get examined and tested as needed.  You may have a serious injury and not realize it at the time of the accident.  These injuries, if not properly attended to, may become far more serious.  When it comes to your health, it truly is better to be safe than sorry.

5. KNOW YOUR RIGHTS:  If you have been injured in an automobile accident, especially if through no fault of your own, you should consult with an attorney to know your rights and what is required of you.  There are numerous forms and time limits that you must comply with, in order to cover your medical bills, lost wages, property damage and personal injuries and pain and suffering.   An attorney will be able to apprise and assist you in completing all necessary forms and complying with all time limits, so as to maximize your recovery and minimize your out of pocket expenses.

If you are unfortuantely involved in a car accident, remember not to panic and make sure no one has been gravely injured.  Call the police so that they may complete an investigation and report and obtain all relevant information from the other driver.  Lastly, seek all necessary medical attention and know your rights.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

A 41 year old sanitation worker was loading his garbage truck, when he was struck by a delivery truck in Queens, NY.  The right side of the delivery truck pinned the sanitation worker against the garbage truck, tearing open the man's upper torso.  After 45 minutes of alleged excruciating pain and suffering, the sanitation worker was pronounced dead at Mount Sinai Hospital.  The sanitation worker was survived by his wife, 3 year old child and 1 year old child. 

The man's estate sued for loss of earnings, loss of services, pain and suffering, and the childrens' loss of parental guidance.  Defendants argued that the deceased should have seen the delivery truck and taken action to avoid it.  Defendants further contested the extent of the economic loss claimed and maintained that death was nearly instantaneous resulting in little or no pain and suffering.  After mediation, the parties reached a pre-trial settlement in the total amount of $9 million dollars.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

Motorcyclist Juan Velez was involved in an accident this past weekend, while heading east on Lenox Avenue in Harlem, NY.  Reportedly, a yellow taxi cab struck Velez in the rear throwing him off his motorcycle and into the rear of a tour bus stopped at a red light.  Velez was pinned between the cab and the bus until emergency services arrived.  He was taken to the Harlem Hospital Center, where he was pronounced dead.  

Whether you are operating your motor vehicle in Manhattan or Long Island, the NYS Vehicle and Traffic Law (VTL) requires that a safe distance be maintained between vehicles.   The idea behind the law is that if you maintain a safe distance between vehicles, an operator will be able to stop his or her vehicle in time to avoid the happening of an accident.  In this case, the evidence strongly suggests that the cab driver failed to comply with the VTL.  Juan Velez was 53 years old.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

A 25 year old male motorcyclist died early this morning, in another high speed chase by police. At approximately 1:20 am, NJ police received a report of an erratic motorcyclist in Clifton.  The police turned on their lights when they spotted the motorcyclist at a red light on Route 46.  The motorcyclist reacted by taking off through the red light, causing the police to give chase.

The high speed chase ended when the motorcyclist crashed trying to navigate a turn.  Officials pronounced the man dead at the scene of the accident.  This is a second recently reported fatality in our area, that resulted from a high speed police chase.  Police are often compelled to pursue offenders who flee the scene, in order to protect the public.  Many people question whether or not these high speed criminal chases, place the general public in even more danger. 

The decision to pursue a criminal that flees the scene, is based in part upon the severity of the crime committed, the potential danger to the public and the experience of the police officer.  This decision will often have to be made quickly by police, after instantly weighing all the pertinent factors.  Our police are trained professionals in making the all important and often instantaneous judgment call, as to whether or not to engage in a high speed chase.  While being mindful that public safety should be paramount, perhaps the focus should not be so much on the decision to engage in a high speed chase, as much as when police should disengage a high speed chase.  

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

New York police were compelled to pursue a man who fled on the rear seat of an unregistered dirt bike with another man driving.  The offender was proceeding without a helmet, and traveling the wrong way on a one way street.

During the "hot pursuit" chase, the police car struck the bike from behind ejecting the two riders from the bike.  The 28 year old driver was pronounced dead at the Lincoln Medical and Mental Health Center.  The passenger now faces charges including reckless endangerment and resisting arrest.

Long Island Lawyer
Paul A. Lauto, Esq.