Brooklyn New York Legal Blog

In a survey conducted by The Zebra, 38% of drivers aged 18 to 24 admitted to texting while on the road. The problem is clearly not a lack of education, as the overwhelming majority of drivers know that what they are doing is wrong. In New York, as elsewhere in the U.S., this means that a great many accidents are caused by drivers who never thought it could have happened to them.

There are three forms of distractions: cognitive, visual and manual. In short, the first distracts the mind, the second the eyes and the third the hands. While phone use comprises all three, something as simple as eating and drinking or changing radio stations can prove to be dangerous to drivers. The following five tips, though, can keep drivers, especially teen drivers, from falling into these dangers.

In the 1990s, the National Highway Traffic Safety Administration established a five-star rating system for vehicle safety. Many drivers in New York and across the U.S. rely on this rating when purchasing a vehicle, which is why it's important to know that some experts believe the rating system needs updating. A former leader in the development of NHTSA's crash testing program published a report about this in October 2019.

The author states that the crash testing on which the rating system is based is insufficient. The federal government is lagging behind Europe, Asia and Latin America in this regard. The report states that Europe crash-tests its vehicles four times as much as the U.S. before rating their safety.

Brooklyn residents who have been involved in a multi-vehicle crash probably know how hard it can be to determine fault. It takes all kinds of evidence to do this: the police reports, for example, and even evidence from the crash site like skid marks and vehicle debris. Eyewitness testimony frequently helps, too, even if it is testimony from the drivers themselves who were in the crash.

The following is a basic outline of how fault can be established. Say that three cars are involved in a chain reaction of rear-end collisions. Driver A brakes to avoid a danger, and Driver B initiates the crash because he or she was following too closely. Then, Driver C, also tailgating, increases the impact felt by Driver A. In this case, Driver A can file a claim against both Drivers B and C as they both violated a basic traffic rule. Even Driver B can hold Driver C responsible despite being partially to blame for Driver A's injuries.

The Centers for Disease Control and Prevention recommends buckling children under age 12 in the back seat of your vehicle. Depending on the height and weight of your son or daughter, you should also use an appropriate child car seat or booster seat. While most safety-rated car seats contain high-quality materials that are strong and durable, they are not invincible. 

Following any car crash, you should take certain steps to protect yourself and assert your legal rights. Replacing a car seat that looks fine may not be high on your priority list. Still, in some collisions, car seats can develop microscopic cracks or other types of damage that make them unsafe. To know whether you need to replace your child’s car seat, you must weigh the seriousness of the accident.