Articles Posted in Car Accidents

We recently wrote about school buses and seatbelts, see blog of October 2, 2019. As a result of the limousine accident in Schoharie County, New York on October 6, 2018, Federal investigators issued new safety recommendations for limousines seeking to improve dangerous seating issues. 20 people died in that limousine crash. The new safety measures focused on the lack of lap and shoulder seatbelts and modifications made to stretch limos that would reduce the chances that passengers could survive such crashes. Federal safety experts also called on New York to improve it regulations and laws controlling inspection of limos. The regulators claim that the 20 deaths were part of a complex breakdown of government oversight and accountability according to The National Transportation Safety Board (NTSB).

According to an article in The Journal News on October 3, 2019 by David Robinson, the NTSB Chairman Robert Sumwalt spoke to the potential for saving lives across the Country if limo seating safety fixes are implemented.

The National Highway Traffic Safety Administration recommends:

In the less dense parts of the lower Hudson Valley, school children are dependent on school buses to get to school and return home. As a result of a high profile May, 2018 crash in New Jersey that left two dead, has led to new concerns on school bus safety in New York, especially with regard to seatbelts. On May 17, 2018, a dump truck hit a New Jersey school bus trying to make a U-turn flipping it from its chassis and killing a student and a teacher.

New York is one of the few states that mandates school buses to be outfitted with lap belts but, the law leaves it to individual school districts to make seatbelt use mandatory. The National Transportation Safety Board has pushed for seatbelts on school buses. The NTSB wants 3 point seatbelts on all school buses and require students to wear the seatbelts. Those who do not want seatbelts in school buses argue that school buses are different by design including a different kind of safety restraint system that works well according to NHTSA. Some school districts enforce seatbelt use of elementary school students and have monitors on board to enforce the rule.

Opinions on the use of seatbelts are split. The NHTSA says school buses are designed to be safe without seatbelts. They argue school buses are bigger and heavier than passenger vehicles and are able to handle the impact of crashes better than passenger vehicles plus, the design of school buses use the principle of compartmentalization which protects students in strong closely spaced seats that keep student in place and absorb impacts.

Twenty-five years after a truck accident disaster on 287 in 1994, sleep deprived truck drivers continue killing themselves and innocent victims. Truckers now push for Feds to ease regulations written to keep tired drivers off the road.

According to the Federal Motor Carrier Safety Administration, there were 4600 fatal accidents involving large trucks in the U.S. in 2017. More than 1% – an average of 62 per year between 2015-2017 were attributed to drivers who fell asleep or were fatigued.

In an article in The Journal News entitled “Truckers Don’t Want Feds to Limit Their Hours” by Thomas C. Zambito points out that the Federal Transportation Department has agreed to reconsider hours of service rules that limit long-haul drivers to 11 hours of drving over a 14 hour period after being off for 10 consecutive hours. The hour’s service rules went into effect in 2012. Last year, companies were recalled to equip their trucks with electronic logging devices that keep track of hour’s drivers are on the road, eliminating paper logs that were subject to fraud.

The number of cyclists killed last year in 2018 went up by 10% according to estimate for the National Highway Traffic Safety Administration (NHTSA). Pedestrian deaths rose 4%. The number of auto drivers and passengers killed in accidents went down for the third straight year, down 1% compared to 2017.

According to an article by Chris Woodyard in USA today on July 4, 2019 entitled “Cars gets safer, but not for people outside them”. The cyclist and pedestrian deaths percentages estimates a sharp reversal from decline the previous year, underscore a troubling trend! While cars have been getting safer for occupants, they remain potentially deadly for those outside the vehicle. It is much safer for people inside the car according to Bill Nesper, executive director for The League of American Bicyclists. Yet a steady stream of bicyclists and pedestrians are being killed.

Automakers backed by Government Safety regulators have filled cars with features such as airbags, front and side and advanced child restraints to protect passengers in crashes. However, improvements to protect walkers and bikers have moved more slowly.

Orangetown in Rockland County passed a new law requiring cyclists to ride single file. According to a coalition of cycling clubs, it is unenforceable because it conflicts with State law. The group also criticized the potentional jail time for offenders who don’t pay their fines as unprecedented because it effectively criminalizes. The offense carries fines of between $100 and $240 or up to 5 days in jail. A second offense could cost $250 to $300 or 10 to 20 days in jail.

This law is more restrictive than New York State own regulators which allows cyclists to ride two or more abreast if there is enough room except for passing. A Mannhattan attorney, Steve Vacarro said New York Vehicle & Traffic Laws prohibit local authorities from enacting or enforcing any regulations that conflict with State laws. He had a similar view of the single file laws in Villages of Piermont, Grand View on Hudson, South Nyack and Nyack. Mr. Vacarro who specializes in cyclists said he never heard of a traffic violation that could land an offender in jail for not paying the fines. Orangetown Supervisor, Chris Day countered that organizations law were sent to the State Department of Transportation which returned with no comment. Chris Day stated “this does not conflict with State law at all nor does it mandate that a bike stay to the right and allow a car past if conditions are unsafe to do so”.

According to an article in The Journal News entitled “Cycling group call Law on single file unenforceable”, by Robert Brum on June 24, 2019, Piermont Mayor Bruce Tucker said “his village’s single file law has been on the books since 1997 and has never been challenged in Court and therefore, is presumptively valid until a Judge says otherwise”. The cycling coalition comprising about 3800 members from the Rockland Bicycling Club, North Jersey Bicycle Touring Club and New York Cycle Club faulted the Town for not reaching out to the cycling committee beforehand. The law came about as a result of complaints from motorists and pedestrians mostly about large group of cyclists passing through from out of town. The Town’s Facebook post announcing the law received more than 100 comments, many of them positive. Commenters specifically complain about cyclists riding two or more abreast on Routes 9W and 340 South Greenbush Road, Kings Highway and Western Highway. “Bicyclists have gotten out of control and obnoxious with the packs riding 2–3-4 wide along with blowing stop signs and red lights”, commented Sandy Boan. Other commenters criticized cyclists for blocking roads and riding aggressively. The Rockland Bicyclists Club president, Mike Hays says cycling clubs support the rules of the road and told workshops to reinforce safe riding. But, he said the focus on single file cycling doesn’t address the issues responsible for a handful of bike and pedestrian crashes with cars.

As of April 1, 2019, White Plains Lime which has a contract to operate the service with 300 bikes is introducing a pedal assist model. The “Lime-E” uses a lithium battery and torque sensor to give riders a boost. In an article in The Journal News on March 18, 201 by Richard Liebson, he quoted Lime Bike operations Manager Paul Holley. “We feel the bike share program has been successful in White Plains”. He told the common council during a work session “for riders huffing and puffing up hills or on long trips, the pedal assist model does a lot better than the other bike does”.

The new bikes known as “Lime-E” have been available in a number of other cities across the country since 2018. The Lime-E bikes are heavier and sturdier than the regular model with the mailbox sized battery mounted over the rear wheel. The decision to place them in part by the bike share programming success during the first year in White Plains since June 4, 2018.  More than 9000 different riders have tried the bikes using the Lime app on smart phones to unlock them and pay for the trip. 62% of riders who try the bikes take another ride within 30 days. The average rider took 3.9 trips per month averaging nine minutes per ride. More than 43,000 rides have been taken.

Lime said the White Plains Trans Center is by far the most common destination followed by White Plains Hospital and downtown Mamaroneck Avenue. The pedal-assist bikes will cost more than the regular bikes which rent for $1.00 per 30 minutes. Riders who want a boost will pay $1.00 to unlock the pedal assist models and 15 cents per minute to ride for a total cost of $5.50 for half an hour. The Lime-E relies on an internal torque sensor which detects when the bike is being pedaled and relays that to activate the battery. The power shuts down when the bike reaches a maximum speed of 14.8 mph.

Motor vehicle crashes are up by 6% in Colorado, Nevada, Oregon and Washington compared to neighboring states that have not legalized marijuana for recreational use. This has now become a critical issue for the opposition to New York’s marijuana legislation.

According to an article in The Journal News on February 26, 2019, by David Robison entitled “What to know about drugged driving”, the above confirmed states analysis of 6% increase in the above four states that legalized recreational marijuana from January, 2012 through October, 2017 should be considered in states like New York and the effect on highway driving.

The number of fatalities in Colorado where a driver tested positive for any cannabis increased to 139 from 55, including crashes that involved marijuana alone or its use with other drugs or alcohol. A percentage of all traffic fatalities are marijuana related. The death count nearly doubled to 21% between 2013 and 2018 according to Colorado Division of Criminal Justice. Experts noted that marijuana toxicology testing in Colorado and other states is inconclusive because THC, the psychoactive component of cannabis, stays in the body longer than it impairs driving.

After rising for several years, the percentage of commuters using bikes to go to work declined for the third straight year according to the US Census Bureau. Nationally, the percentage of people who say they use a bike to get to work fell by 3.2% from 2016 to 2017 to an average of 836,569 commuters according to the Bureau’s latest American Community Survey which asks a group of Americans about their habits. This number is down from a high of 904,463 in 2014 when it peaked after four years of increases. In some cities, the decline was more drastic. In Tampa Florida and Cleveland, cycling to work dropped by 50% and in some cities cycling to work was up dramatically.

According to an article in USA Today – The Journal News on January 3, 2019 by Chris Woodyard entitled “Fewer American use bike lanes to commute to work”. Decline in using bike lanes experts offered several explanations for the nationwide decrease even as cities spend millions trying to become friendlier. Lower gas prices and a strong economy contributed to strong auto sales and less interest in cheaper alternatives, such as mass transit and bikes. Also the rise of ride hailing services such as Uber & Lyft and electric scooters cut into bike commuting per Dave Snyder, Executive Director of the California Bicycle Coalition. Another bike advocacy group, League of American Bicyclists, found a mix in bike trends in the 70 largest cities. Bike commuting was up sharply from 2016 to 2017. In one of the large cities, Portland Oregon, 6.3% of commuter’s bike to work. It was also up in the second and third most popular biking cities, Washington and Minneapolis. It was down a whopping 19.9% in fourth place, San Francisco was down 11/4% in fifth place, New Orleans down 20.5% in sixth place and Seattle over the same time last year.

Federal highway spending on bike and pedestrian related improvements total $915.8 million in 2018. According to Ken McLeod, a Bike League’s Policy Director “It shows that while we have made investments over the last 20 years in bicycle infrastructure, we are still far from having safe and connected networks that make people feel safe biking to work”. City officials around the County said they try to support bike commuting by spending money on new bike lanes and trails and many cities including White Plains, New Rochelle & Yonkers added bike sharing programs which gave cyclists the ability to rent a bike to ride point to point or for the day.

All buses in New York are required to have seatbelts by State Law but it is up to the individual school district to decide whether to enforce their use. On May 17, 2018, a horrific crash in New Jersey when a school bus crashed into a dump truck in which a student and teacher died has parents worried about putting children onto buses. The Federal Government claims school buses are 70 times safer than a passenger car. School officials, experts and industry figures say school buses are designed to protect students in the event of a crash even without seatbelts. Even without seatbelts, he Assistant Director of Transportation at The Rockland County Board of Cooperative Educational Services claims “there are actually a lot of things that make the role of a school bus drivers much safer than a parent”.

According to an article in The Journal News entitled “Buckle up: Is it the law?” by Kimberly Redmond and Matt Coyne on May 19, 2018, school buses are safer because of their size and weight. The distinctive yellow color, the extra lights and retractable stop sign, the interior of a school bus is designed with safety in mind. The Assistant Director in Rockland County, Joann Thompson states “the design – the compartmentalization which is the higher backed seat in front and behind helps student from getting significantly hurt if we were involved in a crash”. “It gives an added level of safety that supersedes a parent transporting their kid in their own car”.

Elmsford students from kindergarten to sixth grade have to use seatbelts and the district has monitors on buses to make sure. Briarcliff Manor requires seatbelts for elementary school students on field trips. White Plains encourages the use of seatbelts at transportation orientation for parent and students every year but does not mandate it. In the New Jersey school bus accident on May 17, 2018, students were reportedly wear seatbelts and when the crash happened, students were screaming and hanging from their seatbelts as the bus went on its side and escaped through windows and emergency exits. Al Roney from New York School Bus Contractors Associates states seatbelts can help in situations like crashes but when a young student has to evacuate, the seatbelts can slow things down. He states “we’re all about student safety first. If there is a mandate that all students have to wear a seatbelt, too, we’re going to go with that and whatever the state decides”.

Route 119 is a major east-west road with constant traffic. There is very little room for sidewalk or bicycle lanes. According to an article published in The Journal News on Sunday, June 10, 2018 by Matt Coyne states “for Westchester bike commuters, plus anyone who walks or takes a bus, there’s hope in a plan to open one of the major east-west thoroughfare to more than just cars”.

There is in existence “the Route 119 Complete Streets Plan”. This plan includes local transportation activists and local, county and state officials on the Steering Committee and funding from the Thruway Authority who wants to make the state road that runs from Tarrytown to White Plains more bike and pedestrian friendly. This Committee hopes to add bike lanes, add or enlarge sidewalks and make bus tops more accessible.

Route 119 runs through Tarrytown where there exists office buildings, hotels and apartments with wider lanes of traffic. However, on Main Street in Elmsford, they have many small businesses such as deli’s, barber shops and bars with narrow roads that require parking on Route 119. Thereafter, Route 119 gives way to car dealerships and strip malls before you get to the Westchester County Center. The physical geography changes vastly along Route 119. The roads goes from raised meadows with three lanes to tight lanes next to curb parking to 10 lanes by the County Center and The Bronx River Parkway.