Posted on August 20, 2009 by Scott Grossman

Spotlight on Female Motorists and DUI after Recent Accident

It took a tragic accident involving an allegedly drunk woman who drove the wrong way and crashed her car in New York killing herself and seven others, to put the spotlight firmly on a discomforting phenomenon that has grown in recent years - the increasing number of female motorists caught driving under the influence.

Diane Schuler's toxicology reports show that she was under the influence of alcohol and marijuana when she drove her car the wrong way, and crashed into an oncoming vehicle head on.  In the car were her two-year-old daughter and three nieces. All of them and Diane were killed almost instantly. The occupants of the other vehicle were also killed in the crash.

The drama since the tragedy has had sympathy dissipating for the Schuler's family, after her husband continued to deny that Diane had any kind of drinking problem. Family members of the victim in the other car have already indicated their intention to pursue civil lawsuits. 

The accident has drawn huge media and public attention because of the magnitude of the tragedy, and the fact that there were little children involved. It has also focused attention on the increasing number of female motorists who are driving under the influence, and causing accidents.  

According to experts, the incidence of female drunk driving has risen along with female empowerment.  Studies show that while the arrest rates for men for drunk driving have dropped over the past decade, the rates of DUI arrests for women have actually increased. Women these days lead busier and more independent lives. This means that they are constantly under pressure to fit more into their days, to be the perfect wives, mothers and colleagues, and this pressure can increase the likelihood that they'll reach for a drink when they're not supposed to. Besides, women are increasingly mobile, and may be more likely to be involved in car pooling, driving with kids in their cars etc.

As a Passaic County personal injury lawyer, I have followed the developments in the Schuler case with sadness. I also find it disturbing that we seem to target female motorists lesser than men, especially when it comes to DUI enforcement. However, there is some reassuring news on the horizon. The Transportation Department this year is likely to focus its drunk driving efforts on female motorists.

 

Tags: , , , , ,
Posted on July 25, 2009 by Scott Grossman

Federal Agencies Withheld Information about Accident Risks from Cell Phone Use

According to a New York Times report, the National Highway Traffic Safety Administration in 2003 decided to withhold information and evidence that Americans were being placed at high risks of accidents because of the growing use of cell phones behind the wheel.

Documents that were buried years ago have now surfaced thanks to the efforts of two public interest groups, and the NYT has published those documents on its website. The research was apparently withheld because, according to the former NHTSA chief, Congress members didn’t want the agency to pressure states for changes in their driving laws. At the time, the researchers have asked for a more intensive study about the dangers of cell phone use by motorists, but the agency stonewalled any such plans because of political concerns. It’s just another example of the manner in which our safety agencies and law makers fail to do what's right for the American motorist.

The researchers, it seems, had wanted to warn states that a ban on handheld devices would do nothing to eliminate the risk of accidents. Earlier this year, I had discussed how the National Council on Safety had called for a ban on cell phone use by all drivers. That included handheld as well as hands free devices.

Currently, only a handful of states including New Jersey have laws banning handheld cell phones for all drivers. No states ban cell phone use of all kinds behind the wheel. However, teen motorists in many states are banned from using cell phones while driving. With cell phone use being traced to not just automobile accidents, but also trucking and train accidents, it’s clear that we need to revise our approach to handling the problem.

  • In Boston earlier this year, a trolley operator texting on his cell phone caused an accident that injured dozens of people.
  • Last year, a train accident in California that killed 25 people was traced to operators on both trains involved sending text messages on their phones.
  • Motorists using their cell phones are up to 4 times more likely to be involved in an accident than those who are not using their phones.
  • Studies have shown that use of a cell phone while driving causes a level of impairment that is equal to that caused by a blood alcohol level of .08 percent.

With all those facts and figures at our disposal, I don’t believe we should be dragging our feet on what is such an essential public safety issue. As a Passaic County personal injury lawyer, I don’t believe that a ban on cell phones behind the wheel will be a highly popular measure, but I do believe that it would be a firm step towards increasing the safety of our motorists.

 

Tags: , , , , ,
Posted on April 29, 2009 by Scott Grossman

Passaic, Kearny County Residents Killed in Fiery Turnpike Truck Accident

A tragic truck accident on the New Jersey Turnpike involving multiple vehicles, has left five people dead. The five victims included Salvatore Urbano and Jeanette Urbano from Passaic County, and Anna, Rose and Francis Kane from Kearny County. The Urbanos were a couple, and the three Kanes were Jeanette Urbano’s siblings.

Apparently, the five who were all in their 70’s, were on their way to a family wedding. Their Buick had stopped in traffic in the right southbound lane when a tractor trailer crashed into the stopped car. That set off several other collisions involving at least 6 other vehicles. The Buick burst into flames with the five still strapped inside. At least three other people in another car sustained injuries in the accident. At least one of them is reported to be in a critical condition.

The truck driver could face charges. He was not injured in the crash, and blood alcohol tests have been conducted on him. We won’t know the results till several weeks , however.

Blood alcohol testing on a tractor trailer is routine procedure following a fatal accident. Police are also likely to investigate if the driver was speeding at the time of the crash.Witness accounts are going to be crucial.

Meanwhile, the Urbano family is mourning the deaths of their parents, two aunts and uncle. The Urbanos have been married 48 years, according to press reports. They had been strong members of their community and local church.  The siblings had been extremely close knit. Jeanette and the three Kanes had been part of 9 siblings born and raised in Jersey City. Their community has been shocked at the sudden and violent deaths of five members of the same family.

 If you have questions about your rights after a truck accdeint, contact a truck accident lawyer at my offfice.

Tags: , , , ,