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July 21, 2010
  Summer Safety – Part 4 – Auto/Pedestrian Safety
Posted By Cellino & Barnes

Long walks through the park and picnics by the lake are all a part of a great summer experience. But being on foot makes you susceptible to dangers you may not suspect. There are nearly 20,000 pedestrian related accidents per year.

Our New York pedestrian accident attorneys have come up with a few tips to keep you and your family safe.

Follow the golden rule

Look both ways before crossing. We know you’ve heard it before (from teachers, family and friends) but this is the single most important rule of pedestrian safety. Before crossing any road, even one-way streets, look to the left first, then right, and left again. While you’re walking across the street, continue to look both ways. Also, try to be predictable. It’s easier for drivers to know your patterns if you cross at legal crosswalks rather than crossing in the middle of the road.

Stay Wary

There are many pedestrian accidents that happen at crosswalks. The best advice is to take a second look before attempting to cross the street. It’s important to remain defensive, much like you do when you’re driving. Don’t assume a driver sees you. Make eye contact and ensure that they know you’re present before making any movements toward the road.

It’s a Two Way Street

Although pedestrians have an obligation to be aware of their surroundings, drivers can also reduce accident risk by doing a few simple things.

When driving up to a cross-walk, move cautiously and look to all entry points for pedestrians. Whenever you see a pedestrian in a cross-walk be sure to stop even if there are no signs telling you to do so. Finally, when braking suddenly for a pedestrian, be sure to check your mirrors for oncoming cars behind you or to your sides.

Your summer should be full of fun, spending time with family and friends. Keep you and your loved ones safe by following these simple tips. Watch the pedestrian related accidents video

Continue reading "Summer Safety – Part 4 – Auto/Pedestrian Safety" »

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June 08, 2010
  Texting While Driving - Part 1: Overview
Posted By Cellino & Barnes
Texting while driving is a growing concern in communities across the United States and the world.  In many New York communities from Buffalo to Rochester and to the Bronx, numerous lives have been tragically lost because of texting while driving.  Cellino and Barnes offers this series of blog posts to help grapple with the lingering issues and potential solutions of texting while driving.

One of the leading causes of serious injury and death in America is motor vehicle accidents.  How often do we see distracted drivers behind the wheel? People eating, applying makeup, talking on the phone… there always seems to be some distraction that is inhibiting a driver’s attention. In the last couple of years, a new distraction has arisen: Driving While Texting (DWT).   

Under current legislation, the act of driving while texting is defined as: composing, sending, or reading text messages, email, or making similar use of the internet on a mobile device while operating a motor vehicle. The practice is viewed by many authorities as dangerous and has been outlawed or restricted in twenty states and the District of Columbia.

While everybody understands that distracted driving is dangerous, some question how DWT is more dangerous than being distracted by a messy cheeseburger or a hot cup of coffee? Studies show that texting while driving increases the likelihood of accidents and distracted driving. For instance, a study conducted at the University of Utah found a six-fold increase in distraction-related accidents while texting. While a more recent study by the Virginia Tech Transportation Institute presents the follow facts:

•    Using driving studies of observing long-haul trucks and light vehicles driving 6 million combined miles, researchers observed 4,452 safety-critical incidents, which includes crashes, near-crashes, safety-critical events, and lane deviations
•    81% of the safety critical events involved some type of driver distraction
•    Text messaging had the greatest relative risk, with drivers being 23 times more likely to experience a safety-critical event when texting.
•    The study also found that drivers typically take their eyes off the forward roadway for an average of four out of six seconds when texting.

All in all, there is conclusive evidence of the dangers of driving while texting.  This post is part 1 of 6, presented by Cellino and Barnes.  Our firm is committed to helping the community deal with the growing problem of texting while driving.

Continue reading "Texting While Driving - Part 1: Overview" »

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November 02, 2009
  Truck Accident Victims Receive $3.25 Million
Posted By CellinoBarnes

Cellino & Barnes - Personal Injury Attorney Michael J. Cooper

Our clients were on the job working as City Garbage Collectors, when their vehicle was t-boned by a truck that ran a red light.

As a result of this truck accident, our clients suffered injuries to their back, knee, neck and head. Both clients underwent spinal fusion surgeries.

Attorney Michael Cooper prepared the cases for trial and hired some of the best experts in the country, including accident reconstruction experts. As a result of his thorough preparation, the insurance companies, on the eve of trial, finally agreed to his settlement demand of $1.75 million and $1.5 million, respectively.

"Michael Cooper's thorough preparation and determination to proceed to trial was a key to the outcome of this case," stated Ross Cellino.

Read More.

Continue reading "Truck Accident Victims Receive $3.25 Million " »

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August 21, 2009
  Ross Cellino Discusses Impact of Teen Driving Legislation
Posted By CellinoBarnes

Attorney, Ross Cellino, who works in both the Rochester and Buffalo offices, weighs the impact of the New York State Senate legislation that will toughen teen driving laws. Not only will it be illegal for drivers of all ages to text message while driving, but the bill further requires that a learner's permit must be held for at least 6 months before a junior license can be obtained. In addition, if there is no adult in the vehicle with a junior driver, the number of non-family members allowed in the vehicle will be reduced to one.

Rochester, NY residents may find the news timely and encouraging. Many have been affected by the recent news involving three Rochester teens killed in car accidents, as well as the five area teens killed last year as a result of texting while driving. Parents often worry about the safety of their young adults, particularly when they are driving with their friends.

Read more.

Continue reading "Ross Cellino Discusses Impact of Teen Driving Legislation" »

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August 04, 2009
  New York State - New Teen Driving Laws
Posted By CellinoBarnes

The New York State Senate recently passed legislation that will toughen teen driving laws.

Not only will it be illegal for drivers of all ages to text message while driving, but the bill further requires that a learner's permit be held for at least 6 months before a junior license can be obtained. In addition, if there is no adult in the vehicle with a junior driver, the number of non-family members allowed in the vehicle is reduced to one.

Many of us have been affected by the recent news involving three area teens killed in car accidents, as well as the five area teens killed last year as a result of texting while driving. As parents, we often worry about the safety of our young adults, particularly when they are driving with their friends.

According to the National Highway Traffic Safety Institute, in 2007, New York State reported 236 fatalities involving teen drivers. They also found that two-thirds of fatal crashes involving 16-year-old drivers were in cars with teen passengers.

"It is encouraging that New York State is doing something to try to prevent teenage driver fatalities," states attorney Ross Cellino.

If Governor Paterson signs this bill, the text messaging ban will take effect on November 1, 2009 and will ban both text messaging and transmission of e-mails while driving. Drivers are still permitted to use hands-free devices to talk while driving.

Continue reading "New York State - New Teen Driving Laws" »

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August 03, 2009
  Rochester Man Airlifted after Collision - Rochester, New York
Posted By CellinoBarnes

Via NewYorkInjuryNews.com

July 31, 2009 - A Rochester man, while driving his pickup truck, jumped the median and collided with a minivan on Macedon Center Road in the Town of Perinton.

The driver of the pickup truck, a 32-year-old Rochester man, suffered serious injuries to his chest and arms. He was airlifted to Strong Memorial Hospital.

The driver of the minivan, a 47-year-old woman from Macedon, suffered minor injuries in the auto accident and was transported via ambulance to Strong Hospital.

Police continue to investigate the accident.

Continue reading "Rochester Man Airlifted after Collision - Rochester, New York" »

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August 03, 2009
  Long Island Accident Claims 3 Lives
Posted By CellinoBarnes

Via WCBSTV.com

Aug. 3, 2009. Three people died in a Long Island car crash overnight on Wantagh State Parkway.

A car traveling on relatively quiet stretch of highway veered off the roadway and struck a tree. Three people in the car were pronounced dead at the scene. A fourth passenger was taken to Nassau University Medical Center in critical but stable condition.

State police are still investigating the fatal accident but believe speed was a factor.

Continue reading "Long Island Accident Claims 3 Lives" »

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August 03, 2009
  Niagara Falls Teen Killed in Car Crash
Posted By CellinoBarnes
Via NiagaraFallsView.ca

Aug. 3, 2009. A Niagara Falls teen was killed and three others were injured after the vehicle they were traveling in veered off the road and collided with a concrete water intake.

Police said the car accident happened when the driver of the car lost control of his vehicle, became airborne and hit the water intake, before becoming partially submerged in the Niagara River.

The driver was charged with dangerous driving causing death and criminal negligence causing death.

Continue reading "Niagara Falls Teen Killed in Car Crash" »

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August 03, 2009
  Lockport Woman in Serious Condition - Texting While Driving Accident
Posted By CellinoBarnes

Via NewYorkInjuryNews.com

Aug 3, 2009 - Three people were injured in an auto accident when the driver of a tow truck struck a car at an intersection. The tow truck driver hit the back of the vehicle causing it to swerve out of control and crash through a resident's backyard fence.

The car and motorcycle on the back of the tow truck flew off, damaging a residential home, destroying the air conditioning unit and the house's gas lines, ultimately landing in a swimming pool.

The woman driving the car in this auto accident was transported to ECMC via helicopter for her serious injuries. An 8-year-old passenger was taken to Women and Children's Hospital for her injuries. Their car was totaled.

Truck driver has been charged with talking on a mobile phone [while driving], following too closely, and reckless driving. He was talking while driving and texting while driving on two separate mobile phones at the same time.

Continue reading " Lockport Woman in Serious Condition - Texting While Driving Accident" »

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May 19, 2009
  How to Choose the Right Car Accident Attorney for You
Posted By CellinoBarnes

If you are hurt in a car accident, it is important to choose the right personal injury attorney to represent you.

Cellino & Barnes has put together a list of important things to consider when choosing a car accident attorney.

Auto Injury Experience. Experience is important in any profession, but particularly when you're looking for a car accident attorney. Make sure the firm you choose has vast experience with auto injury litigation and uses the best experts in the country.

Trial Experience. It is important to hire a law firm with extensive trial experience. No one knows, when a case begins, if that case will go to trial. Be prepared from the start and make sure the law firm you choose has extensive trial experience.

Record of Success. Do some research into the results a law firm has achieved. Results are important. They give you an idea of what a firm has been able to accomplish for their other car accident clients.

Resources. It is important to choose a law firm with the resources necessary to hire the best experts in the country to review your case and to testify at trial.

No-fault. If you live in a no-fault state, such as New York, it is important to hire a law firm that will take care of your no-fault claim. Following the deadlines and communicating with insurance adjusters can be very demanding. Having a law firm handle the day to day issues will allow you to focus on getting better.

Professionalism and Compassion. Being involved in a car accident can affect the life of an injured person and their family. Make sure the law firm you choose has a reputation for showing their clients respect and for treating them professionally and with compassion.

Free Consultation. Before you schedule your initial appointment, ask if the consultation is free. Although most personal injury firms do not charge a fee for a consultation, it's still important to ask.

Cellino & Barnes is available 24/7 to answer your questions. If you have been in a car accident, we are here to help you.

Continue reading "How to Choose the Right Car Accident Attorney for You" »

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May 14, 2009
  Driving Tired Means Driving Impaired
Posted By CellinoBarnes

Have you ever been behind the wheel and found yourself dozing off?

Sadly, for two 19-year-old college students, driver fatigue cost them their lives when the driver of a tractor-trailer fell asleep and veered into their lane, hitting them head one.

The National Highway Traffic Safety Administration reports that driver fatigue is the primary cause of approximately 100,000 accidents reported to the police each year.

Know the warning signs.

If you experience any of the following, you may be suffering from driver fatigue:

  • You yawn or find yourself daydreaming.
  • You experience blurry vision and have difficulty keeping your eyes open.
  • You feel exhausted and want to lay down.
  • You don't notice a vehicle until it passes.
  • You don't recall driving the last few miles.
  • You wander over the center-line or shoulder of the road.

How Can You Avoid Causing an Auto Accident

  • Don't drink any alcohol. Even one glass of alcohol can add to drowsiness.
  • Avoid driving between midnight and 6 a.m.
  • As soon as you become sleepy, pull over and rest, even if it's just 20 minutes.
  • Take frequent breaks if driving for long periods.
  • Check to make sure over-the-counter medication doesn't cause drowsiness.

Unfortunately there is nothing you can do to prevent other drivers from falling asleep at the wheel, but you can make sure you take the right steps to keep yourself and family safe.

Cellino & Barnes - 800-621-2020

Continue reading "Driving Tired Means Driving Impaired " »

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April 22, 2009
  Will Red Light Cameras Prevent Auto Accidents?
Posted By CellinoBarnes

Recently the New York State Senate passed a bill allowing cameras to be placed at many intersections throughout NYS. These cameras are intended to greatly reduce the number of people running red lights, which will reduce the number of accidents.

The Institute of Highway Safety reports that since cameras were placed at various intersections throughout New York City, drivers running red lights dropped 40% and t-bone accidents dropped by 32%.

Unfortunately, research also shows an increase in the number of rear-end collisions. These collisions are occurring as a result of drivers slamming on their brakes to avoid being ticketed for running the red light.

Although, safety officials are not pleased with the increase in rear-end accidents, they conclude that far fewer serious injuries accidents have resulted.

Cellino & Barnes represents many clients who have suffered serious injuries in rear-end collision accidents. Although placing cameras at intersections is reducing t-bone accidents and saving lives, people need to be aware that there remains a risk for serious injury.

This bill will permit cameras to be placed at intersections on Long Island and in Yonkers, Rochester, Syracuse and Buffalo.

Continue reading "Will Red Light Cameras Prevent Auto Accidents?" »

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April 06, 2009
  Dangers of Texting and Driving
Posted By CellinoBarnes

A California woman has been sentenced to six years in prison for killing a driver of another vehicle in a multi-car accident. The woman was texting while driving and crashed into a line of stopped cars, causing the accident which resulted in one death.

Even though we are all aware of the dangers of texting while driving, texting has become one of the most dangerous distractions for our nation's drivers.

In 2007, five New York high school cheerleaders were killed, when the driver was texting and crossed the center line crashing into an oncoming vehicle. The problem continues to grow. In fact, reports indicate that nearly 50 percent of teenagers admit to texting while driving.

According to the National Highway Transportation Authority, almost 80 percent of car crashes in the United States are caused by distracted drivers.

Presently, the NHTSA has no policy in place regarding text messaging while driving. However, a few states have banned texting while driving, and a ban is scheduled to go into effect in Westchester County, New York this spring.

Continue reading "Dangers of Texting and Driving" »

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February 20, 2009
  Hydroplaning Can Cause Auto Accidents
Posted By CellinoBarnes

A pickup truck traveling 55 mph on worn tires hits a pool of water and loses control. As a result, the driver crosses the median and slams head-on into another vehicle. The injuries are catastrophic.

Could this auto accident have been avoided? Absolutely!

Hydroplaning happens when a layer of water on the roadway prevents direct contact between the tires and the road surface. When a car starts to hydroplane, you lose the ability to steer and brake your vehicle. Experts advise taking your foot off the gas pedal and waiting for your vehicle to regain traction.

There are three factors that contribute to hydroplaning: water on the road, speed of the vehicle, and the condition of tires.

How can you avoid hydroplaning? Don't drive with badly worn tires, ensure your tires are properly inflated, adjust your speed according to the road conditions and don't use cruise control on wet roads.

What is the TREAD Act?

The TREAD Act (Transportation Recall Enhancement, Accountability and Documentation Act ) was enacted in the fall of 2000 in response to safety of Firestone Tires. There are three major components of the TREAD Act.

1. It requires that vehicle manufacturers report to the National Highway & Transportation Safety Administration (NHTSA) when it conducts a safety recall or other safety campaign in a foreign country.

2. Vehicle manufacturers need to report information related to defects, reports of injury or death related to its products, as well as other relevant data in order to comply with "Early Warning" requirements.

3. There is criminal liability where a vehicle manufacturer intentionally violates the new reporting requirements when a safety-related defect has subsequently caused death or serious bodily injury.

The "Early Warning" requirement is the key feature of the TREAD Act and enables the NHTSA to collect data, notice trends, and warn consumers of potential defects in vehicles.

Continue reading "Hydroplaning Can Cause Auto Accidents" »

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February 12, 2009
  Buffalo, New York - Snow and High winds Cause Power Outages, Car Accidents and School Closings
Posted By CellinoBarnes

A winter storm with winds gusting up to 60 mph hit the Buffalo area overnight. The storm knocked out power throughout Western New York and roughly 50,000 homes and businesses were closed, as well as many schools.

It only took an inch or two of snow to create a miserable morning commute. Roads were slippery and water covered and many traffic signals were not working, causing car accidents throughout the Buffalo area.

The National Weather Service states this storm will continue though the evening and make for a tricky commute home for Buffalo drivers.

Continue reading "Buffalo, New York - Snow and High winds Cause Power Outages, Car Accidents and School Closings" »

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November 10, 2008
  Razor Dirt Quad Recall
Posted By CellinoBarnes

About 30,000 Razor Dirt Quad's have been recalled. The Razor Dirt Quad is an electric powered ride-on vehicle. The control module for the throttle can fail and cause the vehicle to unexpectedly surge forward, posing a risk for injury. The recall affects product ID numbers beginning with 103110-01 or 103110-02.

If you have one of these products, stop using it immediately and contact Razor for a free replacement controller. Call them Toll Free 800-813-3155 or visit www.razor.com/recall.

Continue reading "Razor Dirt Quad Recall" »

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October 10, 2008
  $1.45 Million - New York Auto Accident Settlement
Posted By CellinoBarnes

Cellino & Barnes Personal Injury Jeffrey C. Sendziak

Our client, a 43-year-old woman, suffered injuries after the vehicle she was riding in, was rear-ended by a bus.

As a result of the auto accident, our client suffered neck and back injuries, which required surgical intervention.

After the insurance company made numerous low settlement offers, our firm proceeded to trial. We hired a life care planner and an economic expert to testify at trial, as we were determined to get the best result possible for our client. We were able to secure a $1.45 million settlement.

"By being patient and taking this case to trial, our client received the compensation she deserved," stated Ross Cellino. "Jeff Sendziak did an outstanding job for his client."

Continue reading "$1.45 Million - New York Auto Accident Settlement" »

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October 08, 2008
  Jury Awards Auto Accident Victim $1.31 Million
Posted By CellinoBarnes

Cellino & Barnes Trial Attorney Richard P. Amico.

A 39-year-old business owner was struck from behind by a vehicle while on his way to a service call.

As a result of the auto accident, our client suffered multiple disc herniations to his neck and back. As a result, he underwent numerous injections and received hundreds of chiropractic and massage therapy treatments.

Despite his disability, our client did not miss any time from work. He did have to hire another technician to perform the manual labor portion of his job. Our client also had to take out a second mortgage on his home just to keep his business afloat.

A Monroe County jury deliberated for five hours before awarding our client: $80,000 in past pain and suffering; $150,000 in past wage loss; $360,000 in future pain and suffering and $720,000 in future wage loss. The total verdict was $1,310,000.

"Rich Amico did an outstanding job for our client", stated Ross Cellino. "His experience as a trial attorney was a key factor why our client received this substantial award."

Continue reading "Jury Awards Auto Accident Victim $1.31 Million" »

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