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Fatal New York Auto Accidents Prompt Action by Lawmakers

  • 31
  • January
    2012

Two New York City area collisions last month resulted in the tragic deaths of two young boys, ages four and five. Prescription drug abuse is currently being investigated in connection with both crashes. According to New York Sen. Charles Schumer, these New York car accidents sparked in part his proposal to use federal funds, within a pending transportation bill, for research and police training related to drugged drivers.

The proposal was also brought forward by Arkansas Sen. Mark Pryor. Senators Schumer and Pryor claim police have little training and no equipment to identify drugged drivers, who often don't exhibit the same outward indicators of intoxication as drunk drivers.

In New York, drugged driving arrests have increased 35 percent since 2001. Sen. Schumer claims, however, that those caught only represent a fraction of the offenders.

Series of New York Elevator Accidents Causes Concern

  • 30
  • December
    2011

Thousands of New Yorkers take elevators every day without a second thought. Some riders may occasionally worry about being temporarily stuck in an elevator, but hardly anyone considers the possibility that they could be physically injured. That may be changing. A series of recent New York elevator injuries have recently made news as riders have been seriously injured and killed.

In Manhattan earlier this month, an elevator suddenly lurched upwards as a woman attempted to step into the elevator car. She became pinned between the wall of the elevator shaft and the car, suffering fatal injuries.

Distracted Driving Simulator Demonstrates Dangers to New York Teens

  • 22
  • November
    2011

Students at nine New York-area high schools have the opportunity to take part in a unique type of video game: a driving simulator complete with an irritating passenger who demands that the driver call her brother and send a text message for her.

While this may sound odd at first, the driving simulator has the lofty purpose of teaching teen drivers about the real dangers of distracted driving accidents. While they simulate driving, they must navigate the road amidst the chatter, text while driving and place a phone call.

The results can be distressing. The driving simulator has led test subjects into pretend accidents that are designed to show them the very real dangers of distracted driving.

Brooklyn Bus Company Reincarnated After Being Shut Down Following Tragic Bus Accident

  • 26
  • October
    2011

Fifteen people died in a terrible bus accident in March of this year in the Bronx. The bus was owned and operated by World Wide Travel in Brooklyn. According to the New York Times, the Federal Motor Carrier Safety Administration (FMCSA) investigation of the tour bus accident turned up serious safety violations.

The company's driver had violated the "hours of service" regulations that govern how many hours a driver can stay on the road and how long they have to rest. The report showed the company routinely violated these regulations.

The driver of the fatal bus was indicted on manslaughter charges, and the FMCSA shut down World Wide Travel. But that is not the end of the story. World Wide Travel may have been closed, but the Times reports that buses and drivers were transferred to another Brooklyn company owned by the same person who owned World Wide Travel.

Brooklyn Man Becomes City's Tenth Bicycle Fatality

  • 20
  • September
    2011

Earlier this month, New York City experienced its tenth fatal bicycle accident. The 24-year-old Brooklyn man died after he ran a red light and was struck by an SUV.

According to Transportation Alternatives, the number of fatal bicycle-accidents appears to be on the decline in New York City. Last year, 18 bicyclists were killed in the city and just two years prior, in 2008, 26 bicyclists were killed.

The New York Daily News reported Transportation Alternatives Executive Director Paul Steely White as saying that in the last decade the number of personal injuries suffered by bicyclists has decreased, despite the fact that the number of bicyclists has increased.

Distracted Driving? There's an App for That

  • 01
  • September
    2011

It may sound odd that now there is a cell phone app to prevent you from using phone apps, but that is exactly what has been developed. The aim of the new app is to improve road safety by decreasing distracted driving accidents.

The new app is called PhoneGuard. This free app shuts down most applications when it detects that the phone is moving more than ten miles per hour and displays a "No Texting Vehicle" message. Incoming calls can be received, but virtually every other function requiring keypad or touch entry is blocked.

Bronx Bus Crash Highlights Need for Safety Measures

  • 23
  • August
    2011

Earlier this month 15 passengers were injured in when an MTA bus crashed into two other vehicles in the Bronx. The accident occurred when the bus made an unscheduled stop and struck a sports car and livery cab at the intersection of Third Avenue and 170th Street.

One witness to the public transportation accident reported hearing a "boom" and then seeing bus passengers stumble off the bus as those in the nearby vicinity rushed to help. The 15 injured passengers were taken to a nearby hospital. Luckily none of the injuries were considered life-threatening.

Not Everyone On Board With FMCSA Plan to Reduce Truck Accidents

  • 18
  • August
    2011

According to the Center for Disease Control (CDC), more than 30,000 Americans are killed each year in automobile accidents. In fact, such accidents are the leading cause of death for Americans ages 5-34. Approximately nine percent of those accidents involve commercial trucks, according to trucking.net.

What is the FMCSA Strategic Plan?

The Federal Motor Carrier Safety Association (FMCSA) was formed by the Department of Transportation (DOT) in January 2000, and charged with reducing crashes, injuries and fatalities involving commercial motor vehicles. Since its creation, the rate of US traffic fatalities involving commercial vehicles has fallen to the lowest level since 1975, the year the DOT began tracking data.

In an effort to make America's highways even safer and further decrease truck accidents, the FMCSA, has drafted a three-part, five-year strategic plan. The details of this plan, titled "Raising the Bar," were released earlier this summer.

Recent Decline in National and New York Bankruptcy Filings

  • 29
  • July
    2011

Despite the economic downturn, recently a rather surprising statistic was announced, June ended with a decline in bankruptcy filings. This dip is welcomed news after a long stretch of the same old depressing economic downward spiral.

The drop in filed bankruptcies was a fairly impressive 6.2 percent drop from May, and an even better 10 percent decrease compared to June 2010. Bankruptcy filings in New York were down five percent. These figures seem to offer a glimmer of hope; some may begin thinking things may finally be looking up for the economy. According to experts, however, this optimistic view may be a slight jump of the gun.

Experts point out that although factors like unemployment and foreclosures may impact the rate of bankruptcies, bankruptcy filings seem to be most closely tied to consumer credit and debt. Therefore what may be driving the decline in bankruptcies is the fact that Americans had less access to credit the past few years and thus less debt to discharge. Now consumers are being given more credit, so consumers can use this additional credit to get them through rough financial times. In sum, the fact that fewer Americans filed for bankruptcy does not necessarily provide evidence that the economy is any healthier.

Bus Travel: Not Always as Safe as It Seems

  • 25
  • July
    2011

If you think bus travel is perfectly safe, think again. According to the Research and Innovative Technology Administration (the research arm of the U.S. Department of Transportation), there were a whopping 60,247 crashes involving buses in 2008. Those 60, 247 crashes resulted in 67 deaths and approximately 15,000 reported injuries.

Just such a bus accident occurred in the early hours of June 27, 2011 when a tourist bus owned by Mr. Ho Charter Service slammed into the rear end of a tractor-trailer. The accident occurred on a Pennsylvania turnpike, while the bus was heading to New York.

The 39-year-old driver of New York City was killed. Twenty-three unsuspecting passengers were injured.

The Federal Motor Carrier Safety Administration (FMCSA) discovered that the charter bus company was currently in violation of several safety rules on top of having a record of safety offenses. It had failed to administer the required drug tests to either the driver or the co-driver. Both drivers had also falsified their driving logs to make it appear as if they had the required eight-hour rest breaks before driving again.

Blog Topics Accolades & Memberships
Million Dollar Advocates Forum

David J. Hernandez is a lifetime member of the Million Dollar Advocates Forum and is a New York Super Lawyer.

Super Lawyers | 2007, 2010
Puerto Rican Bar Association | 1957HNBA | Hispanic National Bar Association

He served as the 50th President of the Puerto Rican Bar Association; the NY Hispanic Bar Task Force on Judicial Selection Committee; and the NYS Conference of Bar Leaders.

NYSTLA

He serves as a member of the Judicial Screening Committee and Committee on Character and Fitness for the Second Department; the Advisory Committee on Civil Practice to the Chief Administrative Judge; NYSBA House of Delegates and Grievance Committee of the Brooklyn Bar Association.

NYSBABrooklyn Bar Association | 1872
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En Español About David

David J. Hernandez was admitted to the practice of law in the State of New York in May 1987 and the State of New Jersey in November 1988. He is also admitted in the Eastern, Southern and Western District Courts of the State of New York; the Federal District Court of the State of New Jersey and the United States Supreme Court.

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