Suburban drivers are familiar with the uptick in the pedestrian traffic that comes with Halloween trick-or-treating. All those kids on the street increase the possibility of an accident, which makes it important to be extra mindful of driving habits. According to the National Highway Traffic Safety Administration, deaths caused by car-versus-pedestrian accidents account for 11% of all traffic accident deaths.
What happens if a driver strikes a child or parent on Halloween? From a criminal standpoint, if an accident is truly an accident, there may be no charges. However, if the driver was speeding or distracted, that may change things, and he or she could be charged with vehicular manslaughter.
In order to obtain a conviction of vehicular manslaughter (also called vehicular homicide), or the less-severe involuntary manslaughter, prosecutors would have to prove that the driver was driving with reckless disregard of the substantial risk. This could include excess speed (generally defined as 30 mph or more over the posted limit) or driving under the influence of drugs or alcohol. The punishment varies based on circumstances, but often carries one to four years in prison plus thousands of dollars in fines.
If an accident does occur, it is imperative that no one flees the scene. Leaving the scene of an accident could result in a $250 fine, three points on your license, and 15 days in jail, in addition to any other charges from the accident itself.
If you or a loved one has been in an accident in which speeding, alcohol, or other traffic violations is a factor, you must consult an attorney right away. The lawyers of the Rosenblum Law Firm are experienced in handling tickets and criminal charges for driving-related offenses. Call 888-203-2619 or email the Rosenblum Law Firm today for a free consultation about your case.
Car insurance companies are esearching the driving habits most likely to lead to accidents. Insurers are gathering data from onboard vehicle computers and cell phone applications to measure what is happening behind the wheel. With this information, insurance companies may increase rates for drivers based on the riskiness of their behavior, such as speeding and hard braking.
While different insurers define speeding and hard braking slightly differently, the following findings were found to be consistent for all insurance companies:
Drivers with one speeding ticket are 27% more likely to have an accident than people without any speeding tickets on their record.
A married man is 3% more likely to have an accident than a married woman.
Tailgating is the primary cause of accidents. People who slam on their brakes are 73% more likely to get into an accident than those who stay a good distance behind and slow down gradually.
Driving on residential streets is approximately 12 times riskier than driving on a highway. Similarly, driving on unfamiliar roads leads to more accidents.
Multiple short trips are riskier than one long trip. The average driver travels about 12,000 miles yearly, but a driver can travel well in excess of that and still be deemed a safe driver.
In the past, insurers have evaluated drivers by grouping them based on similar characteristics such as gender, age, marital status, driving history, and car type. Under this traditional pricing model, an 18-year-old male driving a sports car would be get a high rate, while a 30-year-old mother with a soccer van would be at a lower risk level. However, the new data being gathered could turn that model upside down and drivers may instead be rated based on behaviors like tailgating or driving on unfamiliar roads.
If you have received a speeding ticket in New York and you are concerned about increased insurance rates, it is highly recommended that you contact an experienced NY traffic lawyer. The Rosenblum Law Firm has a record of successfully combating traffic tickets. Fill out the contact form or call today for a free consultation at 888-434-0406 .
New Yorkers have garnered a reputation for being among the worst drivers and there’s no doubt that driving in the New York/New Jersey area can be a stressful experience. However, a recent study by CarInsuranceComparison.com revealed that New Yorkers rank relatively low on the list of worst drivers by state. For details on how all the states measure up, see the full report.
To give each state its ranking, Car Insurance Comparison looked at statistics for speeding, careless driving, and distracted driving. According to the data, Montana drivers were the worst drivers in the country, while New York tied with Connecticut and Wisconsin for the 28th place. New York ranked worse for drunk driving in 2015 as compared to the last two years, placing 15th, an increase from its ranking in 17th place in 2014 and 28th place in 2013.
Thanks to low injury, fatality, and speeding rates, the safest place to drive in the tristate area is New Jersey, which ranked 7th best. The study also found that while New Jersey ranked well for following traffic laws in general, it did poorly in the drunk driving and careless driving categories, placing 25th and 21st, respectively.
If you recently received a speeding ticket in New York, contact the Rosenblum Law Firm. Our team of experienced attorneys have years of experience fighting traffic tickets, negotiating with prosecutors, and getting the results you are looking for. Contact us or call today at888-815-3649 for a free consultation.
Drivers should hit the brakes when traveling through the town of Tonawanda in Erie County. According to analysis from the New York Department of Motor Vehicles, Tonawanda has ranked riskiest for speeding ticketsin Western New York for each of the past three years. The majority of the ticket are issued by state police, but about one-third are written by town police.
Last year, approximately 90,000 speeding tickets were given out throughout all of Western New York, half of which were issued in Erie County alone. Surprisingly, smaller villages in Erie County issued just as many tickets as larger cities. For example, the Village of Kenmore Police issued 600 speeding tickets and the Village of Depew Police issued 673 speeding tickets, but the Buffalo Police Department issued 652 speeding tickets during that same time span.
These enforcement efforts have been criticized as speed traps, serving as a source of revenue rather than a safety measure. Last year, drivers submitted a little over $13 million dollars in total fines, nearly $10 million of which went to New York State and various localities. The four highest paying towns were Tonawanda, Amherst, West Seneca, and Cheektowaga, with the towns respectively paying out $881,105, $676,032, $511,699, and $361,701 in fines last year.
However, according to Tonawanda Police Captain Joseph Carosi, the speeding tickets are not about generating revenue.Town police have emphasized speed enforcement as a top safety priority and therefore do not hesitate to issue citations. Motorists have been given tickets for driving as little as 8 miles per hour over the speed limit (a 3 point ticket in New York).“High visibility enforcement is essential to maintain order on the roads,” Carosi said.
The City of Albany has announced that it is installing 64 new red light cameras in 20 of its most well-traveled intersections in order to catch drivers committing traffic violations and to reduce accidents. With an anticipated two-month ramp-up period, the target start date to install the camera units is July 1, 2015.
The decision comes as the result of a unanimous recommendation from a selection committee consisting of budget officials, traffic engineers, city IT staff and the Albany Police Department.
Cameras used to enforce traffic laws have drawn a lot of attention in the press recently. Both red light and speed cameras are being justified by politicians as safety measures, but these cameras have stirred up controversy. New York’s traffic camera program is drawing much scrutiny and New Jersey’s has actually hit a dead end when the program was not renewed in 2014.
As we recently reported, there has been a drastic reduction in the amount of summonses and tickets issued by the NYPD over the past couple of weeks. In fact, the NYPD has issued 90% fewer tickets than it had in the same period last year.
This drastic reduction in ticketing, which is likely fueled by the officers’ disagreements with the de Blasio administration in light of the Eric Garner grand jury decision and the shooting of two officers in Brooklyn, will have a significant impact on both the finances of the city as well as the safety of its citizens.
In an attempt to rectify this problem, Police commissioner Bratton has ordered police officers back to work. The mandate to return to ticketing and writing summonses has gone farther then a simple directive. Looking at a few examples of the pressure being placed on officers to increase ticketing, consider this:
As reported by The New York Times, traffic tickets in New York City have plunged for the second week in a row.
This drastic drop in ticketing, along with a drop in arrests and summonses, can directly be attributed to the NYPD work slowdown following the murder of two officers in Brooklyn. The murderer justified his actions as a response to alleged police brutality in the Michael Brown case in Ferguson, Missouri as well as the Eric Garner case in Staten Island.
Officers partially blame Mayor de Blasio for encouraging anti-police rhetoric and have begun a work slowdown as a sign of protest against the de Blasio administration. Similarly, hundreds of officers turned their backs on de Blasio at the funerals of the two murdered officers.
As reported by the NY Post, the NYPD has chosen to crack down on speeders following the city’s lowering its speed limit from 30 mph to 25.
The reduced speed limit took effect on November 7 of this year and drivers have been bombarded with tickets ever since that date. Immediately following the switch officers issued a whopping 3,772 tickets between November 5 and November 12, 2014—more than double the number of tickets from the same period last year!