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Drowsy Driving Needs More Study, Prevention

tired woman driving her car, yawning at wheel: drowsy drivingA recent article published in the journal Sleep calls for more study and prevention of drowsy driving, noting that it is a significant hazard on the nation’s roads. The report was spearheaded by the National Highway Transportation Safety Administration (NHTSA). It calls for both more understanding of public perception of drowsy driving and development of public education and prevention methods, such as biomarkers for fatigue.

Drowsy driving causes accidents and fatalities

As the article indicates, there is currently no reliable method of testing for drowsy driving, as there is for, say, alcohol impairment. Estimates of the number of car crashes drowsy driving causes on the nation’s roads, as a result, are not definitive. Right now, drowsy driving is part of a police accident report (PAR) only when there is circumstantial evidence (such as a car being driven off a road at night) or a driver statement indicating drowsiness or fatigue.

Nonetheless, drowsy driving is known to cause a significant number of fatalities and accidents, all of which are entirely preventable.

In 2014, an estimated 846 fatalities were caused by accidents related to drowsy driving. This is roughly 2.6% of all traffic fatalities. From 2005 to 2009, the last years for which statistics are available, 85,000 vehicle crashes were caused by drowsy driving. Of these, 37,000 caused injury and 45,000 caused property damage.

The NHTSA report notes that many societal factors contribute, including the 24/7 work cycle caused by computers and smartphones, and a growing number of people holding two jobs.

Nonetheless, they believe that more education about the dangers, as well as targeted programs to understand the specific causes and potential treatment methods, such as fatigue prevention classes, will be able to decrease the number of drowsy driving accidents.

Drowsy driving in New York State

New York State’s law in cases of vehicle accidents is no-fault. This means that the insurance company of each party is responsible for paying for damages and medical bills, regardless of who was at fault for the accident.

There are some exceptions in New York State. If you or a loved one has suffered significant disfigurement, bone fracture, a permanent limitation in body organ or limb use, a significant limitation in a body function or system, or endured substantially full disability for 90 days, you may be able to bring a claim for damages against the person responsible for the accident.

Do you need to consult an attorney about an accident?

Edelman, Krasin & Jaye are experienced in New York State accident law. If you or a loved one have been hurt or lost a life in a vehicle accident, we are here for you. We can shed light on how the state determines liability. We fight for your rights.

We will be happy to discuss your case in a complimentary private consultation. Call our offices today for a free consultation with an experienced NYC & Long Island car accident lawyer.

Additional drowsy driving accident resources

  1. Higgins, J. Stephen, et al. “Asleep at the Wheel – The Road to Addressing Drowsy Driving.” Sleep, Jan. 25, 2017. The Sleep Research Society. https://oup.silverchair-cdn.com/oup/backfile/Content_public/Journal/sleep/PAP/10.1093_sleep_zsx001/2/zsx001.pdf?Expires=1487956897&Signature=cuge6lTnsAVOUJ9JvD59vm8hChQ1xvoEcdKeu2Bwd~e~1zTQDokh5DzBXis77JkwU4YPsCST8fzLwc9LibAltbyfJv-CEaoosCNvJYZA~ocIX0-NFt2xjKOZwrahPk20EmaRK1Hz0DojsRIaxsNyKfwxcSnqXac93GLCP2Q-8FCeUNG4RK0~01Gns3ong1HspSeaVnnDsLQary2oKEeKab8~OtjVyN-bijCythk1KWkir7Wrp98dh-2IzLS4T53~O0W~QAdIi4J9I52g319USHTahC9wbgwYksrSw8hgf~abtsgrGQfr2qgUjFGKFNXHeh9c6pQH6CzEXnIy2QMeSg__&Key-Pair-Id=APKAIUCZBIA4LVPAVW3Q
  2. U.S. Centers for Disease Control and Prevention. Drowsy Driving: Asleep at the Wheel. https://www.cdc.gov/features/dsDrowsyDriving/index.html

Campaign Targeted at Reducing Train Accidents

In January, the U.S. Department of Transportation (DOT) began a campaign called “Stop! Trains Can’t” focusing on younger male drivers. Its goal is to underscore the potential danger of trying to drive across a railroad crossing when trains are approaching.

The U.S. DOT, together with the National Highway Traffic Safety Administration (NHTSA) and Federal Railroad Administration (FRA), is in the midst of a two-year overall push to decrease accidents and deaths at railroad crossings throughout the nation.

Train accidents occur every three hours

It’s a needed effort. Deaths at railroad crossings rose sharply in 2014 after decreasing for a decade. In 2016, 232 people died in accidents at railroad crossings.

DOT officials stressed that these accidents are all preventable. Pedestrians and vehicle drivers should never attempt to beat a train at a crossing or to ignore an oncoming train, even if the train seems far enough away. Trains are always given the right of way legally. Why? For the simple reason that they are unable to pull out of the way. They can’t swerve or change directions. In addition, a train traveling at 55 miles per hour will require a full mile to stop, even if the emergency brakes are used immediately. A mile is the equivalent of 18 or more football fields.

Dr. Mark Rosekind, the NHTSA Administrator, noted that the campaign conveys a message that “your life is worth more than a few saved minutes, and trying to outrun a train isn’t worth the risk. When a train is coming, the only choice is to stop. Trains can’t.”

New York among states targeted

“Stop! Trains Can’t” will focus on 18- to 49-year-old men in the states with the 15 most dangerous railroad crossings and the states where 75 percent of crossing accidents happened in 2015. New York and New Jersey are both included.

The others are: California, Illinois, Texas, Louisiana, Indiana, Ohio, Florida, Georgia, Missouri, North Carolina, South Carolina, Kentucky, Alabama, Pennsylvania, Tennessee, Mississippi, Arkansas and Arizona.

When you need a train accident attorney

Edelman, Krasin & Jaye are established Long Island train accident lawyers. We have convenient office locations in Long Island and the Bronx.

If you or a loved one has been injured in an accident, you need experienced lawyers fighting for your rights. Edelman, Krasin & Jaye will negotiate for fair and full compensation in all types of accident cases.

Our law firm will be happy to discuss your case during a private consultation. Call today for a free evaluation with an experienced New York City and Long Island injury lawyer today.

Additional railroad crossing crash resources

  1. “DOT Launches New Railroad Crossing Safety Ad Campaign.” National Highway Traffic Safety Administration. January 13, 2017. https://www.nhtsa.gov/press-releases/dot-launches-new-railroad-crossing-safety-ad-campaign
  2. “Stop! Trains Can’t.” U.S. Department of Transportation, https://www.transportation.gov/stop-trains-cant

Bill Targets Nursing Home Abuse with In-Room Cameras

A proposed bill would allow video cameras to be installed in assisted living facilities, in an attempt to deter elder abuse and neglect.

Under the proposal, backed by Missouri Rep. Andrew McDaniel, families would have the option to voluntarily install video cameras in their loved one’s rooms at their own expense. The security cameras would allow them to more actively monitor their relatives, and access live feeds remotely.

Missouri nursing homes have raised concerns that the bill would violate patients’ privacy, and their lobbyists have stopped similar legislation from being passed over the past few years. However, House Bill 398 affords concessions for patient privacy, allowing the cameras to be turned off when the nursing home resident is getting dressed or taking a bath.

House Bill 398 created to deter neglect and abuse

Representative McDaniel says he penned House Bill 398 in response to an alarming number of reports involving nursing home neglect, abuse and sexual exploitation in facilities across the state. McDaniel told a CBS St. Louis news affiliate he received stories of families who found their loved ones covered in bedsores, after being left to lie in their own waste for days.

Proponents of HB 398 argue that the legislation would help ensure the quality treatment of nursing home residents in Missouri facilities, and allow families to monitor medication administration and day-to-day care, in addition to watching out for incidences of neglect or abuse.

Under House Bill 398, nursing home facilities would be barred from accessing video camera recordings without written consent, and anyone caught tampering with or destroying a camera or recorded footage would face criminal charges.

At present HB 398 is pending without a scheduled hearing date in the Missouri House of Representatives. If HB 398 is passed and approved by the Governor, it could go into effect as early as August 2017.

Elder abuse attorneys serving New York

The nursing home abuse lawyers at Edelman, Krasin & Jaye handle all types of elder neglect claims on Long Island and the greater NYC metropolitan area. If you suspect elder abuse or mistreatment, you are encouraged to alert authorities immediately and contact us for a free consultation.

Our legal team offers compassionate yet aggressive representation for nursing home abuse victims who suffer at the hands of those who are charged with their care. If investigations or video recordings show evidence of neglect or abuse, victims have the right to file suit and demand just compensation.

If you suspect your elder loved one has suffered physical or emotional assault, sexual abuse, or some other type of neglect resulting in bed sores, malnutrition or dehydration, we are here to answer your questions.

Call to schedule a confidential case evaluation today.

Additional nursing home abuse resources

  1. ABC News KSPR, Proposal calls for cameras in nursing home patients rooms http://www.kspr.com/content/news/Proposal-calls-for-cameras-in-nursing-home-patients-rooms-412303293.html
  2. McKnight’s Senior Living, Missouri says ‘Show Me’ again with camera bills http://www.mcknightsseniorliving.com/news/missouri-says-show-me-again-with-camera-bills/article/635124/

Bill Jaye Discusses Alleged Tax Rebate Scam on CBS News

JusticeThe Edelman, Krasin & Jaye Law Firm has received a number of inquiries from people looking to recover their hard-earned money after news reports of an alleged tax rebate scam made news headlines.

So-called advisor misrepresented himself, say homeowners

Arie Gal of East Meadow sent out applications to first-time Nassau County homeowners to apply for the New York State STAR tax rebate program. Many homeowners thought they were dealing directly with someone employed by the state – until a fishy invoice arrived from “STAR Exemption Advisor.”

Anyone who signed the paperwork and sent it back without reading the fine print inadvertently appointed Gal as their “advisor”, entitled to the first year rebate as payment for services. This amount could range from $640 to nearly $4,000, depending on the age and income of the applicants.

“I can’t believe this is happening to us,” one homeowner who lost $1,180 to Star Exemption Advisor told CBS News. The application looked like an official piece of paperwork from the county. Otherwise, she would never have signed it. “I didn’t need him to put a stamp on paperwork. I don’t need anyone’s help on that,” she told reporters. “We had just bought a house, we put our entire life saving into and here this guy is taking $1,000 from us that we desperately need to survive the next month,” she added.

“He just takes advantage of people,” attorney Bill Jaye, of the Edelman, Krasin & Jaye Law Firm, told CBS News in an interview. “I’m not going to say it’s illegal what he’s doing, but it’s unfair,” he added.

There are people who act as STAR advisors and typically charge $25 or so for helping homeowners file their paperwork.

NY Attorney General pursues STAR rebate class action lawsuit

So far at least 20 people have formally complained to the Better Business Bureau, but New York Attorney General Eric T. Schneiderman says Gal has scammed thousands of new homeowners out of at least $1.5 million. He announced a class action lawsuit against STAR Exemption Advisor and Arie Gal on January 26, 2017. The case will be heard on February 10.

Edelman, Krasin, and Jaye has received dozens of calls from homeowners looking for legal recourse to get their money back – only to find that no laws have been broken. The application contains a disclaimer stating that the form is “not official.” Furthermore, the fine print explicitly states that homeowners are appointing Arie Gal as their STAR advisor, and that upon the application approval, he is entitled to the first rebate check as payment for services rendered.

In the case of Gal v. Delgiorno, the judge dismissed the homeowner’s claim, stating that: “The uncontested evidence showed that the parties had entered into a contract pursuant to which plaintiff was to provide defendant with an application form for a STAR school tax exemption… the defendant’s obligation to pay plaintiff was contingent upon the application being granted… in such instance, plaintiff’s fee was to equal defendant’s STAR tax exemption savings for the first year of her tax exemption.” The plaintiff has appealed the January 8 decision.

How to apply for a STAR tax rebate in New York State

In the past, homeowners who wished to participate in the STAR tax rebate program needed to fill out a form and send it in to their county assessors office. Today, it’s easier than ever, with an electronic submission form available on the Nassau County government website. Homeowners needn’t pay a fee. Most homeowners are required to include copies of their deed or Certificate of Shares (for apartment owners) and proof of residence (voter ID registration, car registration, NYS income tax return, driver’s license, or state ID card). Additional forms are requested if the property has been placed in a trust, the homeowner is deceased, or if the property is considered a life estate – but it’s by no means complicated.

  1. CBS Local - Company Scammed Long Island Homeowners Out Of Tax Rebates; AG Schneiderman Says http://newyork.cbslocal.com/2017/01/26/nassau-county-star-rebate-scam/
  2. Nassau County - STAR Rebate Amounts https://www.tax.ny.gov/pit/property/star/sd28.htm
  3. Justia – Gal v. Delgiorno http://law.justia.com/cases/new-york/appellate-term-second-department/2016/2016-ny-slip-op-50046-u.html

Wrongful Death Alleged in Urinary Tract Infection Case

medical malpractice lawA wrongful death suit has been filed against a New Hampshire hospital, claiming that a woman died after antibiotics were not prescribed for a severe urinary tract infection.

Fever worsened to septic shock

The woman, 67-year-old Jacklyn Chamberlin of New Hampshire, went to the emergency department at Exeter Hospital on October 24, 2016, complaining of fever and related symptoms. She received an ultrasound that indicated an ureteral obstructing stone. Bacteria was also found in her urinalysis.

Despite this, however, the urologist who treated her did not recommend or prescribe antibiotics. The suit claims that a good standard of care would have included a regimen of antibiotics. He diagnosed a renal stone. Mrs. Chamberlin was given medication only for pain and discharged.

Two days later, Mrs. Chamberlin visited the emergency department again, with septic shock. She was admitted to an operating room. The intensive care unit treated her aggressively. However, she died the next day.

Her husband is the plaintiff in a wrongful death suit, which alleges that antibiotic treatment would have prevented her infection from progressing and thus prevented the septic shock. Her infection would not have become fatal.

Doctor negligence alleged

The plaintiff’s suit was filed against Dr. Craig Maclean of U.S. Acute Care Solutions and Dr. Steven Kahan of Core Physicians LLC. It claims that the physicians and these companies are “vicariously liable” for “the negligent, careless and unlawful acts and failure to act in breach of the standard of care.”

Damages are sought to compensate her family for injuries and losses related to Mrs. Chamberlin’s death.

Wrongful death in New York State

Wrongful death is usually alleged when a person could have brought suit for damages or negligent conduct had he or she lived. In New York state specifically, wrongful death requires a death that stems from the defendant’s wrongful conduct. The conduct or ensuing course of action would have qualified for legal action in court were the person alive.

State law also requires that one or more people be alive who were caused a loss by the death, and that damages be recoverable from an entity against whom suit can be brought.

The statute of limitations for a wrongful death claim in New York is two years from the date of death.

If you or a loved one has suffered medical harm

If you or a loved one in Long Island or New York City believe they have suffered unnecessary harm because of misdiagnosis or other hospital malpractice, contact us to discuss possible legal options. New York state law contains provisions for damages to cover medical care, lost wages and benefits, support and services, and additional damages in case of wrongful death.

Edelman, Krasin & Jaye are leading medical malpractice lawyers on Long Island. We will fight for those harmed at the hands of negligent healthcare professionals.

We pursue all forms of medical malpractice including:

  • Doctor negligence
  • Hospital negligence
  • Surgical errors
  • Misdiagnosis
  • Pharmacy errors

Call Edelman, Krasin & Jaye today for a confidential consultation at no charge to you.

DUIs Down, Numbers Still Troubling

auto accidents - drunk driver 3While DUIs have been on a steady decline in the U.S. for more than a decade, the number of drivers operating motor vehicles under the influence is still troubling. More than 27 million drivers got behind the wheel after drinking in 2014, according to new numbers from the Substance Abuse and Mental Health Services Administration (SAMSHA). With progress made in recent years, these statistics also show there is still much to be done to curb drunk driving and the devastating consequences that are often the result.

The decline of DUIs

The recent statistics show that DUIs have been on a steady decline between 2002 and 2014. In 2002, 15.3 percent of all drivers on the roads drove under the influence of alcohol. By 2014, that number had dropped to 11.1 percent. The sharpest declines were seen in drivers between the ages of 21 and 25, where driving under the influence dropped from 29.9 percent to 18.9 percent from 2002 to 2014.

The data was collected from the National Survey on Drug Use and Health (NSDUH), which received the information by interviewing drivers about their alcohol and drug use before driving. The report broke down statistics by age group and gender to identify the groups still most at risk for DUI. The research found that males were more likely to drive under the influence in every age bracket.

DUI problem remains

Strides have been made in lowering the number of drunk drivers on the nation’s roadways, but the number of DUIs is still much too high for anyone to rest comfortably with that progress. In 2014 alone, 27.7 million drivers admitted to getting behind the wheel when they were under the influence of alcohol. The National Highway Traffic Safety Administration (NHTSA) estimates that nearly one-third of all traffic fatalities involve either a driver or pedestrian that is intoxicated.

Nearly two in three people will be involved in a drunk driving crash in their lifetime, according to NHTSA. MADD states that while more than 300,000 people may drive drunk each day in this country, but only about 3,200 are arrested for DUI. Many drunk drivers go undetected on the roadways until a tragedy occurs.

“Although it is heartening to see a downward trend in levels of driving under the influence of alcohol, it still kills thousands of people each year and shatters the lives of friends and family left behind,” Frances Harding, director of SAMSHA’s Center for Substance Abuse Prevention, stated on the administration’s website. “We must strive to save lives by reducing this public health threat through education, prevention and all other possible measures.”

The personal injury lawyers at Edelman, Krasin & Jaye have seen firsthand the devastating effect drunk driving can have on family and friends. Picking up the pieces after one of these tragedies can seem nearly impossible for those that are left behind. Legal support is often needed to ensure rights are protected and victims of these accidents receive all of the compensation they are entitled to.

If you or someone you love is the victim of a drunk driving accident, our team can help. Contact the law offices of Edelman, Krasin & Jaye today to receive a free case evaluation and answers to all your legal questions.

  1. Substance Abuse and Mental Health Services Administration, The Rate of Driving Under the Influence of Alcohol has Steadily Declined from 2002-2014, https://www.samhsa.gov/newsroom/press-announcements/201612271200
  2. UPI, U.S. DUI Rates on the Decline, http://www.upi.com/Health_News/2016/12/30/US-DUI-rates-on-the-decline/7401483129551/
  3. AAP News, Report: DUI Rates Drop for those Ages 16-25 Years, http://www.aappublications.org/news/2016/01/06/DUI010616
  4. MADD, Statistics, http://www.madd.org/statistics/
  5. National Council on Alcoholism and Drug Dependency, Driving While Impaired: Alcohol and Drugs, https://www.ncadd.org/about-addiction/driving-while-impaired-alcohol-and-drugs

NHTSA Issues Call for Vehicle to Vehicle Communication to Increase Safety

183568617More than 35,000 people were killed in car accidents across the U.S. in 2015. The car crash–related figures are even more startling for serious injuries requiring medical intervention. In just the first six months of 2015, 2.3 million people received this level of injury from vehicle accidents.

NHTSA calls for mandated communication between cars

A recent proposal by the U.S. National Highway Traffic Safety Administration (NHTSA) would mandate installation of vehicle-to-vehicle communication capabilities by car manufacturers. With these capabilities, surrounding cars receive data on a vehicle’s location, direction, speed, and other data. The available data are transmitted to surrounding vehicles approximately 10 times a second.

The NHTSA believes that the ability of cars to communicate, termed vehicle-to-vehicle (V2V) communication, has the potential to make the nation’s roads much safer by either preventing accidents altogether or reducing the severity of each accident.

This may be especially true for accidents caused by distracted drivers and drowsy drivers. Distracted drivers were responsible for 10% of fatalities in 2015. Drowsy drivers caused 72,000 crashes in the 2009-2013 period.

V2V-equipped vehicles can both identify dangers and warn other cars about accidents once they occur. They can identify situations such as passing on a two-lane road in a manner that will prevent head-on crashes. It can issue a warning to drivers when objects or people in the road are several hundred yards distant.

More vehicle technology, more lives saved

V2V is not the only technology expected to save lives in vehicle accidents.

The U.S. Federal Highway Administration (FHWA) is currently developing a plan for vehicle-to-infrastructure (V2I) technology. V2I is analogous to V2V; in V2I the vehicles communicate with infrastructure like stop signs, work zones, and traffic lights.

The NHSTA noted that both V2V and V2I, used in conjunction with additional automated safety features like Automatic Emergency Braking (AEB), could prevent thousands of collisions each year.

If you need to speak to an attorney about an car accident

Edelman, Krasin & Jaye supports all road safety measures. We are pleased to see technology being used to save lives and prevent injuries.

Yet we also believe that even one life lost in a preventable vehicle crash is too many. One visit to the hospital in the aftermath of a vehicle crash is one visit too many.

If you or a loved one have been hurt or lost a life in a vehicle accident, we are here to help. We can answer any questions you have about how liability is determined and what rights you have. We are experienced in New York State insurance regulations.

An experienced car accident attorney will be happy to discuss your case in a complimentary private consultation. Call 1-800-469-7429 for a free consultation with an experienced NYC & Long Island car accident lawyer today.

FDA Holds Public Workshop to Address E Cig Battery Safety Concerns

close up portrait of a man smoking an e-cigarette

Third degree burns, vision loss, fractured teeth and broken bones are just some of the horrendous injuries caused by e-cigarette battery explosions. By all accounts, “vaping” is supposed to be safer than smoking tobacco cigarettes. But over the past six years, the FDA has logged nearly 140 reports of debilitating injuries, house fires and property damage caused by overheating and exploding e-cigs, prompting federal authorities to start regulating the devices and their components in 2016.

On January 4, 2017, the FDA Center for Tobacco Products announced a public workshop designed to gather crucial information on dangers and risks associated with the use of lithium ion batteries in electronic cigarettes. In addition to the workshop, regulators are also establishing a public docket that will enable staff to hear from tobacco product manufacturers, researchers, investigators, and the public about safety concerns regarding electronic nicotine delivery systems (ENDS).

Public workshop to address e-cig safety concerns

According to a report issued by the FDA, the public workshop will be held April 19 and 20, 2017 at the agency’s White Oak Campus conference center in Silver Spring, Maryland. The registration deadline for individuals and businesses interested in participating is March 17, 2017.

The two-day ENDS conference – the first of its kind – will include panel discussions and presentations about battery safety risks such as overheating, fires, malfunction and explosion, and will also address how consumers and the public are made aware of these potential dangers. All interested parties are encouraged to submit relevant research, data and commentary on a confidential or public basis.

CTP regulators are anticipating input at the workshop from a wide range of parties including state and local government entities, electronic cigarette importers, distributors and retailers, companies that make ENDS batteries, medical experts, academic researchers, concerned consumers and public health organizations.

The probe comes at a critical time, as some 66 e-cig explosions and fires were confirmed by the AP in 2015/early 2016 alone. Until now, manufacturers of ENDS have been able to market their products without complying with FDA standards that would ensure vaping devices are safe and free of defects.

Legal recourse available to electronic cigarette victims

As anecdotal evidence shows, electronic cigarette explosions and fires can occur without warning—sometimes when the devices are charging or while being used. In dozens of cases, victims were not told about battery dangers, or the need to use brand name charging cables. Some of the most shocking incidents resulting in serious harm have prompted the filing of personal injury lawsuits, with plaintiffs demanding compensation for facial injuries, deep burns, broken bones and the catastrophic medical expenses and diminished quality of life that followed suit.

Edelman Krasin & Jaye is an award-winning, full-service personal injury firm with headquarters in Long Island, NY.  If you or someone you love were injured from a vape pen or ENDS device, you may be eligible for legal compensation. To speak with a skilled e-cigarette explosion lawyer about your case, we invite you to call today for a free consultation.

Additional e-cig explosion resources

  1. Federal Register, Battery Safety Concerns in Electronic Nicotine Delivery Systems; Public Workshop; Establishment of a Public Docket; Request for Comments https://www.federalregister.gov/documents/2017/01/04/2016-31857/battery-safety-concerns-in-electronic-nicotine-delivery-systems-public-workshop-establishment-of-a
  2. NBC News, What’s Causing Some E-Cigarette Batteries to Explode? http://www.nbcnews.com/business/consumer/what-s-causing-some-e-cigarette-batteries-explode-n533516

Over 100 Injured in Long Island Rail Road Crash

RR crossing freight trainAt least 103 people suffered injuries this morning when a Long Island Rail Road train suddenly derailed at the busy Brooklyn Atlantic Terminal. The train accident happened at approximately 8:30 this morning – during peak rush hour—when the six-car commuter train grazed a bumping block on track six, say authorities. According to MTA Chairman Tom Prendergast, the impact of the strike knocked one of the axles of the L.I.R.R.’s cars off the track, causing the train to come to an abrupt halt. Prendergast told both the New York Times and NBC news that the operator was supposed to stop the train short of the bumping block.

Officials from the National Transportation Safety Board and The Federal Railroad Administration are headed to Brooklyn to begin an investigation.

L.I.R.R. train derails, injuring 100+

Commuters on the Long Island train described the frightening incident as an “extremely hard jolt” that catapulted bodies everywhere. The Atlantic Terminal filled with smoke, rendering some passengers unable to see. While fire department officials say the derailment could have caused far more damage and serious injuries, those who were on the train departed visibly panicked and shaken. Many worried that a bomb had gone off, as the crash created a loud boom followed by passenger screams.

Wounded passengers were escorted off the train—some wearing neck braces and others on stretchers. Police confirm that at least 106 passengers were transported to New York-Presbyterian Brooklyn Methodist Hospital, Brooklyn Hospital Center and Kings County Hospital Center for medical attention. Media reports indicate that most injuries were categorized as non-life-threatening, and one passenger may have suffered a broken leg.

Investigations underway

The L.I.R.R. is the country’s busiest commuter railroad, transporting more than 300,000 weekday passengers from Long Island into Manhattan.  At this point, authorities have not confirmed the condition of the train operator, who will be questioned along with the brakeman by transportation officials.

Today’s crash is eerily reminiscent of another derailment that happened just four months earlier, when a New Jersey transit train ran over a bumper at the Hoboken station, injuring more than 100 people and killing one woman. Authorities later determined that the train’s engineer, who had suddenly and inexplicably accelerated before arriving at the platform, had undiagnosed sleep apnea and claimed he had no recollection of the acceleration.

As veteran railroad accident attorneys in Long Island, Edelman, Krasin & Jaye continues to follow investigations into the Brooklyn L.I.R.R. derailment. To learn more about our legal services or schedule a free case evaluation, please call 1-800-469-7429.

Additional L.I.R.R. Derailment Resources:

Federal Government Boosts Spending For Technology To Stop Drunk Drinking

car after head on collisionLast year, 259 lives were lost to drunk driving accidents over the Christmas and New Years holidays. More than 10,000 preventable deaths are attributed to inebriated drivers annually. Mothers Against Drunk Driving dramatically reduced the number of deaths since the 1980s with their public awareness campaigns. We are on the verge of the next great frontier with technology to dramatically lower the number of drunk driving tragedies, according to the U.S. Department of Transportation’s National Highway Traffic Safety Administration. The NHTSA “Drive Sober or Get Pulled Over” campaign is aimed at educating the public to make the right choice this holiday season.

Driver Alcohol Detection System for Safety (DADSS)

The Driver Alcohol Detection System for Safety (DADSS) is a partnership between the government and private-sector automakers that passively detects a driver’s blood alcohol concentration and prevents the car from starting when the level is .08 or higher. The technology has been in development for nearly a decade, but federal officials have announced a $5.1 million funding initiative to help deploy DADSS technology on a broader scale.

Drive Sober or Get Pulled Over

Law enforcement agencies nationwide will be increasing patrols and sobriety checkpoints throughout the holiday season. The NHTSA has also launched a virtual bar experience called “Last Call 360”, accessible through mobile phone or computer. Gamers can interact with bar patrons, play games, watch videos, order virtual alcoholic drinks, and see the consequences of drinking and driving. Another app, NHTSA’s SaferRide, allows users to easily connect with a friend or a cab for a ride home after having a few drinks.

Drunk driving isn’t worth it, speaker says

Special guest Christine Alexander joined the campaign kickoff to share her personal story. Alexander made a fateful decision to drive, despite having a BAC twice the legal limit, one night in 2004. She didn’t see her friend stopped at a red light on his motorcycle until it was too late. “I didn’t have time to slow down or stop,” she recalls. “I hit him from behind… and he flew 65 feet into the air, bounced off my windshield and landed in the intersection.” He died at the hospital. Alexander did her time in jail — but, 12 years later, she still struggles with guilt. She tried killing herself seven times. “Every waking moment, you live with it and you can’t take it back,” she has said.

If you or a loved one have been injured in a drunk driving accident, don’t hesitate to contact the car accident attorneys at Edelman, Krasin & Jaye to ensure that people are held accountable for their poor decisions and negligent behavior. Investigating your legal options cannot undo the damage, but it can be a transformative step toward healing.

Additional DUI resources

  1. NHTSA – Drive Sober or Get Pulled Over https://www.nhtsa.gov/press-releases/us-dot-urges-public-%E2%80%98drive-sober-or-get-pulled-over%E2%80%99-and-announces-funding-innovative
  2. WUSA 9 News – Deadly Drunk Driver Offers Timely Holiday Warning http://www.wusa9.com/news/local/deadly-drunk-driver-offers-timely-holiday-warning/370188237
  3. CBS News – 2016 May Go Down As One Of The Worst Years For Drunk Driving http://www.cbsnews.com/news/2016-may-go-down-as-one-of-the-worst-years-for-drunk-driving-deaths/