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DWAI and DUI Injury Collisions in New York

DWAI and DUI Injury Collisions in New York

Driving while intoxicated in New York is not a minor crime. Individuals who are arrested and charged with driving while ability impaired by alcohol (DWAI) or driving under the influence (DUI) could face heavy fines, loss of driving privileges, and incarceration, depending on the specifics of their situation. If they cause a severe injury or fatal accident, they could be held civilly liable for the harm and property damage they cause due to their carelessness.

DWAI and DUI are two different crimes in New York, and they are distinguished by the amount of alcohol in the driver’s blood. They are:

  • DWAI – Impairment due to alcohol consumption, but BAC is below .08 percent
  • DUI – Impairment due to alcohol consumption and BAC is above .08 percent

In New York, it is a crime to operate a motor vehicle while under the influence of any kind of substance or intoxicant that would impede safe driving behavior. This includes all forms of alcohol and drugs–even prescription drugs that are taken irresponsibly. Alcohol, of course, is what most people think about when they hear “DUI,” but there are many ways for someone to be charged with a DUI offense. Unfortunately, there are also many ways for them to hurt innocent people before they’re stopped.

Injuries Sustained in DWAI and DUI Crashes in New York

Some common injuries sustained in DUI accidents are:

  • Traumatic brain injuries
  • Neck, back, and spine injuries
  • Internal injuries/bleeding
  • Whiplash
  • Cuts and lacerations
  • Broken bones and fractures

Sadly, accidents involving drivers under the influence of drugs or alcohol often prove to be fatal. These fatalities–when they’re not the drivers themselves–can include passengers in the same car, other drivers or passengers, or pedestrians. Pedestrians are put in danger when drivers lose control of their vehicles and swerve onto sidewalks or into cyclists and joggers who are sharing the road.

Road conditions and time of day also affect the level of damage that is sustained in a DUI accident. According to the National Highway Traffic Safety Administration’s National Center for Statistics and Analysis, in 2017, 70% of fatal alcohol-related accidents occurred in the dark, and 55% occurred in urban areas. These accidents happened on principal large city/suburban thoroughfares more often than highways. Additionally, certain holidays and times of the year have a higher percentage of fatal crashes in which alcohol or drugs were involved. The same report from the NHTSA shows that the percentage of alcohol-impaired drivers involved in fatal crashes is higher in the summer months than any other time of year, peaking in July.

Hurt in a DUI Crash? We Can Help

A personal injury claim for DUI-related damages operates on separate track from any criminal case against the driver, however. A conviction in the latter scenario is not always necessary to purse civil damages although it can provide decisive evidence for your case.

If you were hurt in a DUI accident because of the irresponsible decision made by another driver to drink and drive, you should be fairly compensated for the harm you’ve suffered. Hach & Rose, LLP is prepared to help you understand your rights and help you get the compensation you deserve, when you call us at (212) 779-0057 to schedule a free consultation.


The Dangers of Distracted Driving

The Dangers of Distracted Driving

According to the National Highway Traffic Safety Administration, 10% of all fatal car accidents in the U.S. from 2012 to 2017 were caused by distracted drivers. Distracted driving claimed the lives of 3,166 people in 2017 alone.

Distracted driving is a broad term because there are so many things that could divert a driver’s attention from the road. A few examples of distracted driving include:

  • Texting, talking, or using social media on your phone while driving
  • Eating or drinking
  • Adjusting driver controls
  • Attending to the needs of another passenger in the car, including young children
  • Grooming
  • Daydreaming
  • Using a GPS system or navigation app

The NHTSA considers mobile phone texting as the most alarming distraction, and the problem seems to be increasing each year.

While texting and driving affect millennials more than any other generation, including Generation Z, it seems that this problem affects every demographic, and is particularly hazardous to the safety of everyone on the road.

Texting while driving comprises of all three types of distracted driving: manual (taking your hands off the wheel), cognitive (distracting your mind), and visual (taking your eyes off the road).

How to Prevent Distracted Driving

As drivers, we all must pay attention to the road and other vehicles around us. To make sure you’re paying attention at all times, keep these tips in mind:

  • Put your phone away. If you need to, put it in a purse, backpack, or console until you reach your destination. Even hands-free features like speakerphone or other settings can be distracting, so the best thing to do is to put conversations on hold until you’re done driving.
  • Get a good night’s sleep and never drive while exhausted.
  • Don’t eat or drink while driving.
  • Always get ready before you leave the house. The car is no place to apply makeup or do your hair.
  • Set your navigation system, and don’t touch it. GPS systems or mobile apps are helpful, but only if they get you to your destination in one piece.

Hurt in an Accident with a Distracted Driver? We Can Help

If a distracted driver causes you harm, you have the right to hold them accountable for your injuries and damage to your property. Turn to the New York car accident lawyers of Hach & Rose, LLP as soon as possible, and we’ll help you understand your rights and legal options during a free, no-obligation consultation. Call us at (212) 779-0057 to schedule yours today.


Subway Accidents in New York – How Often Do They Happen?

The subway and New York are practically synonymous, and for a good reason: it’s impossible to think of one without the other. New Yorkers have been getting around the five boroughs by subway since 1904, just six years after they were consolidated into a single city. And like everything else in New York, the sheer scale of the modern subway system is staggering. It’s the world’s most extensive mass transit system by the number of stations operated, at 472, and the busiest in the Western hemisphere, with 1.72 billion rides annually — and roughly 5.6 million every weekday. Thousands of cars roll down 245 miles of routes operating 24 hours per day. If New York is the city that never sleeps, then the New York City Subway is the transit system that never sleeps.

Unsurprisingly, with the sheer number of people riding the subway every day, injuries and deaths are an all too common occurrence.  A subway train weighs 360 tons and has a top speed of 55 mph, the electrified rail carries 625 volts, and the entire system relies on signals, switches, and track equipment that can be as much as 80 years old. Less dramatically, the cars can lurch dangerously, the stations are perilously slippery when it rains, and the crowds are continually jostling.

Subway Injuries: By the Numbers

According to the Metropolitan Transit Authority’s 2018 annual report, there were 2.97 rider injuries per million customers that year. While an injury rate of 0.000297% seems small, given that 5.7 million customers ride the subway every weekday, that figure translates to 17 per day. At the annual rate of 1.72 billion riders, that translates to about 5,100 injuries. Even if the MTA were able to reduce injuries to their target rate of 2.82 injuries per million rides, that would still be more than 15 per day and 4,850 per year.

Some potential causes of subway injuries include:

  • Lurching subway cars
  • Slippery station platforms and stairs
  • Obstructed pathways
  • Malfunctioning elevators and escalators
  • Car doors closing too quickly
  • Burns and smoke inhalation from track fires
  • Falling or being pushed onto the tracks
  • Falling between carriages
  • Assault due to insufficient security

According to a 2016 article in the New York Post, roughly 160 are struck by subway trains per year, 50 fatally.

Additionally, a study by the National Center for Biotechnology Information found that between January 1, 2003, and May 31, 2007, there were 211 subway train-related deaths

Our New York Subway Accident Lawyers Can Help

Subway injuries are a serious problem for New Yorkers and can result in steep medical bills, lost wages, and other expenses — expenses that may have been caused by the city’s negligence. But if you or someone you love has been injured in a subway accident, you’re not alone. The experienced subway accident attorneys of Hach & Rose, LLP can help you demand justice by seeking the maximum compensation possible. Contact us today by calling (212) 779-0057 or filling out our online contact form, and we’ll begin fighting for you.


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If you’re the victim of a personal injury incident in New York, call the Hach & Rose, LLP team today at (212) 779-0057 to discuss your case with honest, hard-working, and experienced attorneys.


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