Although I’ve noticed workers on 0ccasion positioned at an entrance to a construction site, they only seem present when something directly affecting the adjacent sidewalk or roadway is going on, and they wear the regular attire of a construction worker.  The uniform, including the helmet that looks more like a police officer’s helmet than a hardhat, gives the Japanese safety worker more of an aura of authority.

Also noticed in Tokyo was that the crosswalks contained one area specifically marked for pedestrians, and a separate area on one side of the crosswalk designated for bicyclists.  This certainly made me feel safer when I walked in the area for pedestrians.  But there were no bicycle lanes marked on the streets.  To the contrary, bicylists in Japan typically use the sidewalks, and one has to be mindful of that when walking on the sidewalk.  Many times in Japan a bicyclist would “sneak-up” on me from behind and I would have to move to the side in order to let the bicyclist pass.

Additionally, in New York, the threat of injury biclyists pose to pedestrians in a crosswalk comes not from bicyclists crossing in the same or even opposite direction as the pedestrian, but instead from bicyclists travelling perdendicular to the pedestrian, that is coming from the cross-street usually in disregard of a traffic control device.  The marked bicylists’ crosswalk does nothing to reduce that threat.

The personal injury lawyers at Levine & Slavit have decades of experience handling personal injury claims, including for workers injured at construction sites and victims of motor vehicle accidents. For 50 years spanning 3 generations, we have obtained results for satisfied clients. Contact the personal injury lawyers at Levine & Slavit for their help. We have offices in Manhattan and Long Island, handling cases in New York City, the Bronx, Brooklyn, Queens and surrounding areas.

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This plan includes, the installation of countdown pedestrian signals at 1,500 intersections around the city, re-engineering 60 miles of streets for greater pedestrian safety, according to corridor crash data and 20 intersections for pedestrian safety on major Manhattan two-way streets in an effort to make traffic congested streets pedestrian friendly.

Additionally, the DOT is set to launch a pilot program to test the safety performance of neighborhood 20 mph zones and implement a pilot program to improve viability at left turns along avenues in Manhattan.

With the launch of these action plans New York City streets might in fact one day become among the safest in the world, or so the DOT hopes so.

The lawyers at Levine & Slavit have decades of experience handling personal injury claims including those involving auto accidents.  For over 50 years spanning 3 generations, we have obtained results for satisfied clients.  We have offices in Manhattan and Long Island, handling cases in New York City, the Bronx, Brooklyn, Queens and surrounding areas.

If you or someone close to you has been injured in a motor vehicle accident, contact the personal injury lawyers at Levine & Slavit for their help.

To learn more, watch our videos.

We’re now buckled up on a bus taking us to a Ninja Museum.  Supposedly there are real ninjas there, wearing pink day-glow outfits.  My kids can’t wait.

Sayonara

Citing these facts, the NHTSA earlier this week announced a Notice of Proposed Rulemaking (NPRM) that would require new motorcoaches to have lap-shoulder belts in each passenger position.  The NPRM also proposes to require a lap/shoulder belt for the motorcoach and large school bus driver’s seating positions, which currently are required to have either a lap or a lap/shoulder belt.

Under the proposal, lap/shoulder belt anchorage and attachment hardware is required at all locations for new motorcoaches to meet FMVSS No. 210, “Seat belt assembly anchorages,” which specifies that they withstand a force of 13,345 N (3,000 pounds) applied simultaneously to the lap and torso portions of the belt assembly.   The belt system is required to meet current provisions for seat belt adjustment and fit, so that the seat belts can accommodate a 6-year-old child to a 95th-percentile adult male, be lockable for use with a child restraint system, and be releasable at a single point and by a pushbutton action.

The NHTSA estimates that installing lap/shoulder seat belts on new motorcoaches would save approximately 1 to 8 lives and prevent 144 to 794 injuries per year, depending on the usage of lap/shoulder belts in motorcoaches.  The cost per equivalent life saved is estimated to be $1.3 million to $9.9 million.

The U.S. Department of Transportation has taken other steps to improve motorcoach safety. Earlier this year, the department released a Motorcoach Safety Action Plan offering concrete steps for addressing driver fatigue or inattention and improving operator maintenance. These steps include initiating rulemaking to require electronic on-board recording devices on all motorcoaches to better monitor drivers’ duty hours and manage fatigue; initiating rulemaking to propose prohibiting texting; and limiting the use of cellular telephones and other devices by motorcoach drivers.

Previously, the NHTSA studied the use of seat belts on school buses.  It found limited evidence of a “carryover” effect of no seat belts on school buses to seat belt use in personal vehicles.   Instead, parents and mandatory seat belt laws seem to play the most significant role on children’s seat belt use in personal vehicles.

In the future, new federal standards could result from research being conducted to attempt to improve motorcoach structure, particularly the roof, fire safety protection and emergency egress is also under way.

The National Highway Traffic Safety Administration is seeking public comment on the seat belt proposal for the next 60 days.  The proposed rule will take effect three years after the final rule is issued.

The lawyers at Levine & Slavit have decades of experience handling personal injury claims including those involving auto accidents. For over 50 years spanning 3 generations, we have obtained results for satisfied clients. We have offices in Manhattan and Long Island, handling cases in New York City, the Bronx, Brooklyn, Queens and surrounding areas.

If you or someone close to you has been injured in a motor vehicle accident, contact the personal injury lawyers at Levine & Slavit for their help.

To learn more, watch our videos.

This landmark study, Pedestrian Safety Action Plan, worked to identify the causes, common factors, and geographic distribution of over 7,000 pedestrian crashes in New York City.  So far, the study has found that NYC’s traffic fatality rate is about one-quarter of the national rate and less than half the rate of the next 10 largest U.S. cities, and still at its lowest rate ever, traffic crashes cost the City’s economy approximately $4.29 billion annually.

The study also found that pedestrians are ten times more likely to die than a motor vehicle occupant in the event of a crash, as pedestrians accounted for 52% of traffic fatalities from 2005-2009.  The growing issue of driver inattention was cited to have caused nearly 36% of crashes resulting in pedestrians killed or seriously injured.

Most New Yorks do not know that the standard speed limit for city streets is 30 mph.  Serious pedestrian crashes involving unsafe speeds are twice as deadly as other such crashes.  About two-thirds more deadly pedestrian crashes are on major street corridors than on smaller local streets.  As a result, Manhattan has four times as many pedestrians killed or severely injured per mile of street compared to the other four boroughs.  43% of those pedestrians lived in another borough or outside of New York City.

The lawyers at Levine & Slavit have decades of experience handling personal injury claims including those involving auto accidents. For over 50 years spanning 3 generations, we have obtained results for satisfied clients. We have offices in Manhattan and Long Island, handling cases in New York City, the Bronx, Brooklyn, Queens and surrounding areas.

If you or someone close to you has been injured in a motor vehicle accident, contact thepersonal injury lawyers at Levine & Slavit for their help.

To learn more, watch our videos.

The legislation approving the red-light cameras required that a report analyzing the proper placement of the cameras (high-accident vs. high-traffic intersections) which report was due on June 1. The report, nonetheless, has not yet been completed. Nassau County officials said that the report has been delayed in order to have more data to analyze. The report for 2009 is now expected to be ready by the end of September.

There are presently 32 intersections in Nassau County with cameras. The law allows up to 50.

Critics of the red-light cameras contend that though the cameras my reduce T-bone crashes, they might increase rear-end collisions as drivers approaching yellow lights suddenly slam their brakes. Perhaps critics are also not too fond of the conviction rate of camera violations compared to red light violations issued by a law enforcement officer – 90% to 85%.

We’ll soon see how serious Nassau County is about placing cameras at intersections to promote safety rather than to maximize the collection of fines. We may also see whether a retired district court judge’s challenge to the legality of the program fares. He is challenging the law as violating the constitutional right to confront an accuser. How can you cross-examine a traffic light? But since the proceeding is not a criminal matter, the constitutional right might not apply.

The lawyers at Levine & Slavit have decades of experience handling personal injury claims including those involving auto accidents. For over 50 years spanning 3 generations, we have obtained results for satisfied clients. We have offices in Manhattan and Long Island, handling cases in New York City, the Bronx, Brooklyn, Queens and surrounding areas.

If you or someone close to you has been injured in a motor vehicle accident, contact the personal injury lawyers at Levine & Slavit for their help.

To learn more, watch our videos.

The main exposure pathway from the bounce house to the child is hand-to-mouth. Lead is transferred from the vinyl to a child’s hand during play and then to the mouth.

Testing done by the Center for the Environmental Health and the Attorney General’s office reportedly found that some of the vinyl in the bounce houses contains lead levels that violate both federal and state regulations.

In February and March 2010, the Attorney General’s office received notices from the Center for Environmental Health alleging that its testing showed parts of some bounce houses were contaminated with high levels of lead, ranging from 5,000 parts per million (ppm) to 29,000 ppm. Federal limits on lead in children’s products are 90 ppm for painted surfaces and 300 ppm for all other parts.

According to the press release, California’s lawsuit is intended to force these companies to stop using lead-containing vinyl immediately and to cease selling the lead-containing products. In addition, the action is intended to warn purchasers of these products, and require party places and rental companies to post warnings.

It is important to realize that the tested levels of lead are not high enough by themselves to cause acute health problems. But children, who are exposed to lead from a variety of sources, can suffer health problems. The goal is to eliminate sources of lead whenever possible.

Companies named in the lawsuit include: Bay Area Jump, Cutting Edge Creations, Funtastic Factory, known as einflatables.com, Magic Jump, Leisure Activities Co., Thrillworks, The Inflatable Store, Jump for Fun, Inc. And Jump for Fun National, Inc.

In the past year, Attorney General Brown has initiated several enforcement actions against manufacturers and retailers for lead in products designed for children. These products include artificial turf in playgrounds, jewelry and even teddy bears. Stores that were involved included Rainbow stores, Target, Walmart, Sears and Walgreens.

The lawyers at Levine & Slavit have decades of experience handling personal injury claims involving dangerous and defective products . If you or someone close to you has been injured by a product that was not properly manufactured, designed or labeled, contact the offices of Levine & Slavit in New York or Long Island for their help. We have offices in Manhattan and Long Island, handling cases in New York City, Brooklyn, the Bronx, Queens and surrounding areas including Nassau, Suffolk and Westchester Counties. For 50 years spanning 3 generations, we have obtained results for satisfied clients.

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Preliminary crash data for 2009 indicates the total number of traffic fatalities decreased from 1,224 in 2008 to 1,146 in 2009. Additionally, data from the DMV shows that in 2009 motorcycle fatalities went from 188 to 155, and bicycle fatalities went from 42 to 29.

Many of New York’s traffic safety programs are funded through GTSC. The GTSC is comprised of 12 state agencies, all of which play a significant role in helping to reduce crashes by distributing federal highway safety grants to state, local and not-for-profit agencies to conduct various highway and traffic safety initiatives.

The news on seat belt usage was encouraging. The seatbelt usage rate was 90 percent, marking the third consecutive year that New York has maintained a significantly high rating. The national use rate was only 84 percent in 2009. In 1984, New York State became the first state to enact a mandatory seat belt law and full enforcement of the law began in January, 1985.

New York helps promote and educate the public about motorcycle safety. The Motorcycle Safety Foundation (MSF), through a contract with the DMV, administers a statewide motorcycle safety program. The five-year contract in the amount of $6,325,000 is used to manage a motorcycle safety program consisting of rider education, program promotion and public awareness. The program is funded solely by New York’s motorcyclists from a portion of the motorcycle license and registration fees.

Under the new contract, student attendance in MSF RiderCourses® is projected to increase from 15,000 during 2009 to 21,950 in 2013, including an annual growth of 10%. A total of 91,600 students are expected to be trained over the next 5-year contract period. This translates into a 31% increase in BasicRidercourse© training.

The lawyers at Levine & Slavit have decades of experience handling personal injury claims including those involving auto accidents. For over 50 years spanning 3 generations, we have obtained results for satisfied clients. We have offices in Manhattan and Long Island, handling cases in New York City, the Bronx, Brooklyn, Queens and surrounding areas.

If you or someone close to you has been injured in a motor vehicle accident, contact the personal injury lawyers at Levine & Slavit for their help.

To learn more, watch our videos.

Ectasia, a bulging of the cornea, is also called iatrogenic keratoconus or secondary keratoconus because it is basically a surgically induced version of the naturally occurring disease keratoconus. Ectasia is a very serious long-term complication of LASIK.

The plaintiff in Devadas asserted that his quality of vision has been significantly impaired and diminished by halos, blurred vision, double vision, glare and starbursts. A jury trial in Supreme Court, New York County resulted in a verdict in favor of the plaintiff on both his medical malpractice and lack of informed consent claims, awarding him damages of $100,000 for his past pain and suffering; $3,000,000 for his future pain and suffering; $60,000 for his past loss of earnings; $20,000 per year, for 37 years, with a growth rate of 5.5 percent annually, for his future loss of earnings; $20,000 for his wife’s past loss of her husband’s services; and $100,000 for her future loss of her husband’s services.

The defendants brought on a motion seeking various relief, including a reduction of the damages award on the ground that it was excessive, which motion was denied in a decision dated July 9, 2010 (7/30/2010 N.Y.L.J. 26, (col. 5)) by Justice Doris Ling-Cohan.

With respect to the claimed excessiveness of the award of $100,000 for past pain and suffering and $3,000,000 for his future pain and suffering, the court noted that the plaintiff testified at length concerning how his visual impairment negatively affects his ability to carry out household and professional responsibilities, how it causes him severe discomfort, and how he has had trouble coping with post-LASIK keratoconus. He complained of double vision, blurriness, starbursts, glare, poor nighttime vision, photosensitivity, and chronic dry eyes. He also testified that his eyes are constantly irritated; he cannot focus his eyes on anything for very long; he often gets headaches due to his visual impairment; and he has trouble wearing his contact lenses. He further testified how his vision problems have affected his confidence, his family relationships, his family duties, and his professional duties. His wife also testified as to her husband’s visual impairments and the additional duties she has had to take on because of them.

The Court aptly pointed out that the $3,000,000 awarded for future pain and suffering was awarded by the jury to compensate plaintiff over a time period of 45 years, which on a yearly basis equates to approximately $66,000.

The decision also discusses how a case cited by plaintiffs, Schiffer v. Speaker, 2005 WL 2398129 [New York County 2005], supports the amount awarded in this action. In Schiffer, the plaintiff underwent LASIK surgery in both eyes to correct a retinal irregularity. After the surgery, the plaintiff began to experience blurred vision, especially in his left eye, and it was determined that he was suffering ectasia in his left eye, which required replacement of his left cornea. Plaintiff was awarded a total of $7.25 million: $750,000 for past pain and suffering; $2,000,000 over 10 years for future pain and suffering; $500,00 for past lost earnings; and $4,000,000 over 7 years for future lost earnings.

Statute of limitations problems may arise because ectasia is typically diagnosed some time in the first two years after surgery but has been known to first be diagnosed later than that. The statute of limitations in New York is 2 ½ years from the date of the malpractice, not the date of the discovery of the malpractice. There is a potential for litigation as to when the plaintiff should have become aware of injuries allegedly resultant from the LASIK surgery. Thus a lawyer should be contacted as soon as possible.

The lawyers at Levine & Slavit have decades of experience handling personal injury claims including those involving medical malpractice. For 50 years spanning 3 generations, we have obtained results for satisfied clients. We have offices in Manhattan and Long Island, handling cases in New York City, the Bronx, Brooklyn, Queens and surrounding areas.

To learn more, watch our videos.

The website – www.HealthCareReform.ny.gov – includes descriptions of health care reform, how it will benefit New Yorkers, and the progress of implementation in the State.  The website also includes information on how residents can obtain health insurance coverage and the public programs already in place in the State.

The website also includes a timeline of when specific provisions of health care reform, not just the ones this summer, go into effect.

The effects of the new national health law benefitted New York last month when it was announced that New York would receive a $2.9 million grant from the federal Agency for Healthcare Research and Quality (AHRQ) to New York State to conduct a pilot program to reduce expenses associated with medical malpractice lawsuits by encouraging early settlement and by improving patient safety to reduce preventable medical injuries.  The hospitals will receive funds that can be applied to patient safety initiatives and will contribute significant in kind funds to implement their functions under the grant.  The grant is one of the $25 million in grants set to be handed out to states and health care systems under the health care reform bill. 

The lawyers at Levine & Slavit have decades of experience handling personal injury claims including those involving medical malpractice. For 50 years spanning 3 generations, we have obtained results for satisfied clients. We have offices in Manhattan and Long Island, handling cases in New York City, the Bronx, Brooklyn, Queens and surrounding areas.

To learn more, watch our videos.