Staten Island, New York Child Injury Lawyer Blog | Brooklyn Child Accident Attorney » injury

Toyota Prius Braking System a Danger?

Frank Dito — Tue, 29 Dec 2009 21:13:49 +0000

Toyota Prius owner web forums are alive with complaints and concerns about the electric car’s braking system. It seems that when applying the brakes, if the car hits a pothole or other rough surface, a sudden loss of braking power results. Many people describe this loss of braking power as a feeling of helplessness. Although some have described the incident as only a sensation and not an actual event, most of the complaints indicate that the car retains its momentum and the stopping distances increase. Although no injuries have yet to be reported, many Prius owners are concerned that their inability to stop their car quickly could cause an accident.

As of today, 33 complaints have been made to the NHTSA website converning the car’s braking system. The complaints are being tracked by the Office of Defects Investigation to determine if an engineering issue exists. Toyota is aware of the NHTSA complaints. Some mechanics believe that the problem is due to the brakes that the Prius has. As the Prius is an electric vehicle, the brakes are much more complex than in a gasoline powered vehicle. In order to squeeze out as much mileage as possible, the Prius uses kinetic energy generated during braking to generate electrical power to recharge the batteries. This regenerative braking occurs when the brakes are first pressed. When more braking power is needed, the braking system switches over to traditional hydraulic brakes. Some experts believe that the delay in switching from regenerative to hydraulic braking is causing the sudden perceived surge in acceleration or increased stopping distances.

Regardless that many feel that it is just a perception of acceleration, the NHTSA has recognized that stopping distances unintendedly increased. This increase in stopping distance ”could be fatal for pedestrians — [if] it happens when approaching stop lights if you hit a pothole” according to an internal NHTSA memo.

The danger has been recognized – when will Toyota act? They have already had significant damage to their reputation from the recent recall of defective floor mats. Are they delaying a possible recall because the financial damage to their reputation would be greater than a potential jury verdict involving a low-speed accident? I hope that Toyota will do the right thing and issue a voluntary recall before someone gets seriously hurt.

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Universal Healthcare? How would it affect my Car Accident?

Frank Dito — Thu, 23 Jul 2009 13:55:35 +0000

You might be asking how President Obama’s health care plan would affect your car accident? You are probably not asking yourself that question because most Staten Island residents have never been involved in a car accident before and haven’t needed medical care after a car accident.

New York, as well as many other states, enacted a no-fault statute that took away some one’s right to start a lawsuit for injuries resulting from a car accident if they didn’t suffer a “serious injury.” A serious injury is something more than a bruise, but recent rulings have said that even herniated discs are not “serious” and you would be unable to bring a lawsuit. Despite your painful injuries, the legislature took this right away from you in exchange for providing some medical benefits to you.

The no-fault laws were enacted to stem the supposed tide of lawsuits brought on by the injured victims of car accidents. The widely accepted belief for the lawsuits was that since injured victims did not have medical insurance, they needed to started a lawsuit to help pay for their medical bills. Does the new health care bill take away the need for no-fault coverage? I believe that it does. Since everyone would be covered, there would be no need to include no-fault coverage in your insurance policy. Car insurance companies would be relieved of the burden to and auto insurance rates would drop dramatically. No longer would the car insurance companies be able to pridefully announce the bust-up of a no-fault fraud ring in New York. I am sure that they would pass that savings on to you. If you believe that, I have a nice bridge to sell you.

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Hylan Boulevard pedestrian improvements a danger to drivers?

Frank Dito — Mon, 29 Jun 2009 20:51:43 +0000

I am sure that most of you have noticed a few more trees in the median on Hylan Boulevard. Along with those trees, the City of New York Department of Transportation has attempted to improve the safety of pedestrians crossing one of the most dangerous streets on Staten Island. The Staten Island Advance has called Hylan Boulevard Staten Island’s version of the “Boulevard of Death.” Hylan Boulevard has claimed the lives of 5 senior pedestrian’s from 2001-2006. One of the most notorious and deadly intersections is that of Hylan Boulevard and New Dorp Lane. The City of New York has recognized the danger posed to pedestrians and has undertaken an ambitious program to protect pedestrians but at what cost?

The City and the DOT have painted new, high-visibility crosswalks, installed fencing to keep pedestrians safely out of traffic, and painted “stop bars” at the start of the intersection to signal to drivers where they should stop for yellow and red lights at a safe distance from the crosswalk. They have also installed heavy metal “bells” in the median, presumably to protect pedestrians who didn’t have enough time to finish crossing the street from the cars streaking along Hylan Boulevard. Unfortunately, the “bells”, which are approximately 2 1/2 feet high and painted black, are most likely isnbatleld below the site line of most cars and so near the road that they are a danger to cars, especially for turning cars. The shape of the “bells” and their location appear to enable cars to ride up and over them, with potentially devastating effects. It is believed that at least one accident was already caused by these “bells” and it is readily apparent from the scuff marks on the bells that numerous cars have hit them already, just a few weeks after they were installed. In order to protect the pedestrians, should driver’s safety be put at risk? The bells need to be removed or redesigned immediately to prevent any further injury or accidents. Although the safety of pedestrians is paramount, driver’s should not be subject to severe injuries in exchange for their safety.

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Insurance Companies Removing Basic No-Fault Protections

Frank Dito — Mon, 04 May 2009 14:52:51 +0000

I have spoken with more and more clients recently about how insurance companies are allowing their insureds to opt-out from basic No-fault protections. No-fault protection was enacted by the New York State Legislature to provide medical and financial benefits to anyone who was injured through the use or operation of a motor vehicle. Every insurance policy written in the State of New York MUSTcontain these basic benefits,which include medical treatment and lost wages from work. It is apparent that for the sake of advertising lower insurance rates, companies are removing benefits, specifically lost wage reimbursement, from the basic New York insurance policy. Unfortunately, clients are not aware of how important this coverage is until after they have had a car accident and are unable to return to work. They should be receiving up to $2,000 a month for their lost time from work but instead receive a denial notifying them that their policy does not include this protection. The insurance companies remove this important benefit so they can advertise a cheaper rate – but by only $25! Clearly this does not benefit the insured but only the insurance companies and their bottom line. With online and TV advertising becoming the way insurance companies sell their policies, it has become increasingly difficult to compare two insurance policies. People buy insurance based on the bottom line and really don’t understand how insurance works until it too late.

Decker, Decker, Dito & Internicola, LLP is currently seeking a ruling from the American Arbitration Association that the insurance companies are not allowed to remove these basic benefits from their insurance policies. Please continue to check back here for updates on this very important issue.

If you have been hurt in a car accident and have been denied no-fault benefits, please contact Frank J. Dito, Jr. at (800) 310-5520 to discuss your legal rights or call for my free book, A Lawyer’s Guide to Car Insurance.

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Estate of paralyzed Staten Island man awarded $1.2M

Frank Dito — Mon, 20 Apr 2009 14:13:07 +0000

Silive is reporting the settlement of a lawsuit with the estate of a pedestrian that was hit by a car in 2002. The victim, Lawrence Sinsheimer, was paralyzed after he was struck by a Mercedes-Benz in August of 2002 on Midland Avenue. The driver of the car, Ajay Angras, hit Mr. Sinsheimer with such force that he was knocked out of his shoes and thrown 40 feet into the air. He was paralyzed from the waist down and spent his remaining days in a nursing home, where he died from causes unrelated to the accident, said his lawyer, Bruce G. Behrins. The case settled at a conference before Justice John A. Fusco prior to jury selection. The defendant was represented by the law firm of Connors and Connors.

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I was hurt on a cruise ship – what should I do?

Frank Dito — Mon, 20 Apr 2009 13:52:12 +0000

The simplest answer is to immediately contact a lawyer! To many client’s surprise, your cruise ship’s ticket package gives you the ability to board the ship but it also takes away some of your important legal rights. In New York State, for example, you normally have three (3) years from the date of your accident to file a lawsuit and you can file that lawsuit in almost any court where you live. Your cruise ship ticket package severely limits your time in which to file a lawsuit against the cruise ship company to one (1) year from the date of the accident. You also are required to bring your lawsuit in the federal or state court’s of Florida, where most of the major cruise ship companies are based, regardless of where you live. Many lawyers are unaware of these unfair provisions contained in the cruise ship ticket package and can cause you to miss out on any potential recovery that you would have made for your injuries. Although unfair, the court’s have upheld these provision as perfectly legal. What it really does is insulate the cruise ship companies, big business to the State of Florida, from the cost of their negligence.

If you have been hurt while on a vacation cruise, please contact attorney Frank J. Dito, Jr., Esq., at (718) -979-4300 so that you may discuss your legal rights. Remember, your time to do so is very limited so please call today.

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Car Overturns on Staten Island Expressway service road

Frank Dito — Mon, 30 Mar 2009 16:51:48 +0000

The Staten Island Advance is reporting that police and emergency services personnel have responded to the scene of an overturned car at the intersection of Woolley Avenue and South Ganon Avenue in the Willowbrook section of Staten Island. Police have responded to the call as a “pin job”, which means that someone is trapped inside the car.

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Car hits utility pole on Staten Island’s Todt Hill

Frank Dito — Wed, 25 Mar 2009 19:00:49 +0000

The Staten Island Advance is reporting a car accident in Front of 500 Todt Hill Road, near St. Francis’ Friary. The driver was injured according to police reports.

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Update: Source of Rotten Egg Smell in Drywall Found

Frank Dito — Wed, 25 Mar 2009 15:47:05 +0000

CNN is reporting that the Florida Department of Health has found trace levels of Strontium Sulfide, a material that emits corrosive gas and can cause health problems. Strontium Sulfide can react with moist air – typical in humid Florida – to form hydrogen sulfide, a gas that smells like rotten eggs. Officials say that its much too early to tell if the material is a health risk. Independent testing of the Chinese – made drywall had several physical and chemical differences from a sample of U.S. manufactured drywall, which did not contain strontium sulfide.

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Man Settles Case against City of New York for $2.5M

Frank Dito — Mon, 23 Mar 2009 21:50:02 +0000

Decker, Decker, Dito & Internicola, LLP is pleased to announce the recent settlement with the City of New York for our client who was injured in the October 15, 2005 crash of the Staten Island Ferry boat Andrew J. Barberi. Our client was a passenger onboard the Barberi and sustained serious injuries when the ferry boat crashed into a concrete pier just outside the St. George Terminal. Despite his injuries, the client continued to aid in the rescue of the severely injured passengers on the ferry while awaiting emergency help. The client sustained numerous injuries to his neck, knee and shoulder during the crash. Due to his injuries, the client underwent spinal fusion surgery and multiple knee and shoulder surgeries. The case settled for $2,500,000.00 prior to the scheduled February 16, 2009 trial date. We wish the client well and hope that he will further recover from his injuries as time moves on. It was a privilege and an honor to represent him throughout this ordeal and we know that the future will bring him better days.

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