Law Offices of David J. Hernandez & Associates

26 Court Street, Suite 2707
Brooklyn, NY 11242
United States
Phone: (718) 522-0009
Fax: (718) 522-3305
Email: djh@djhernandez.com

Fatal Car Accidents Involving Marijuana Have Tripled

Smoking MarijuanaThere is a lot of controversy surrounding the topic of marijuana. For every staunch supporter of the legalization of pot there is a dead-set denouncer. Each side can lobby pros and cons at a dizzying rate. However, one recently released study highlights a disturbing trend that has emerged as “weed” has become more commonplace. A report from the Columbia University’s Mailman School of Public Health states, “Fatal crashes involving marijuana use tripled during the previous decade,” (Thompson, 2014). [Read more...]

Young and Old Drivers Distracted by Cellphones

Sad PhoneThe leading cause of accidental death among “working-age” adults is poisoning, most often from prescription drug overdose.  Falls cause the most fatal injuries in adults older than 65. Car accidents cause the most injury-related deaths in younger people.

It seems as though every age and stage has unique risks when it comes to injury-related death.  But, one of the causes of these fatal injuries is becoming more prevalent across the board, from teenagers to adults: cell phones. [Read more...]

Teen Deaths Down 11% After Bans On Texting and Driving

Teen TextingTexting and driving has been the subject of many a public service announcement over the past 5 years or so. In fact, it is a message that has become just as widespread as “don’t drink and drive”. However, unfortunately, despite all of the warnings, texting while driving is still something many of us are guilty of. From teenagers to senior citizens, from business professionals to celebrities (like Jenny McCarthy), just about everyone has, at one point or another, texted while behind the wheel. We know the danger yet it seems we just can’t resist picking the phone up while driving. Perhaps the results of a new study will provide some added motivation. [Read more...]

Son Calls Cops When Mom Texts And Drives

Kid Talking on the PhoneIn recent years, there has been a huge push to change cultural perceptions about texting and driving. At one time, not that long ago, the phenomenon of texting and driving was pretty commonplace and just about everyone from teenaged girls to middle aged professionals were guilty of typing out a quick message on the go. However, as many studies have show, texting and driving is quite dangerous and in many cases fatal.

While many states have adopted laws banning texting and driving especially among minors some may be wondering if cultural perceptions have really changed; after all, speeding is also illegal but still a culturally acceptable act. One recent news story demonstrations that, at least in some cases, cultural perceptions about texting and driving are indeed changing. [Read more...]

Taxi Traffic Accident…Now What?

Man Driving CabThere are plenty of advantages to living in a place that has a plethora of public transportation options such as cabs. For one, you can typically get any place you need to go without owning a car, which can save you some major money not only on a car itself but on insurance, gas, maintenance, and more. Unfortunately, just because you aren’t behind the wheel doesn’t mean you can write off the possibility of a car accident. So, what happens if you’re riding along in a cab and suddenly find yourself in a car accident? [Read more...]

Does Driving High Heighten the Risk of a DUI?

Hand Holding a Marijuana CigaretteMarijuana is becoming an increasingly more accessible drug across the country: it’s being decriminalized in a majority of states, medical marijuana is legal in some parts of the country, and Washington and Colorado have made recreational marijuana legal.

With increased accessibility comes increased use, and that means more people are getting behind the wheel after smoking.  In the two states where recreational marijuana is legal, driving high is becoming more of a concern. But, will driving high get you a DUI? [Read more...]

Conquering a Multi-Car Crash: What to Know

Rear End Collision on the HighwayThe interstate during rush hour is pretty much a nightmare. Cars are bumper to bumper; people frequently slam on their breaks and get easily frustrated. This type of traffic is a breeding ground for pile-ups and serious multi-car accidents.

Usually, when a car hits another vehicle from behind, it is that driver who is held liable for any injuries or damage.  In most situations, it is clear that the rear-end collision took place because the rear vehicle was not keeping a safe distance. In multi-car pile-ups, it isn’t so simple to determine who did what.

The more vehicles that are involved in an accident, the more complicated the process gets. These types of accidents can be confusing and scary, and a as car accident attorney in New York, I think it’s important to know the next steps if you’re involved in one. [Read more...]

Kids in Cars: Keep Them Buckled

Young Child Looking Out a Car WindowAs years pass, and technology continues to improve, cars get safer for drivers and passengers.  Seatbelts are sturdier and child safety seats are more secure and these safety instruments save lives — if they are used, and used properly.

Although the frequency of fatalities in car accidents has decreased in recent years, the numbers are still surprisingly high especially among children. According to an article from USA Today, more than 9,000 children 12 and younger died in car accidents from 2002 to 2011.

The worst part about that statistic is that many of those deaths could have been prevented.  How? Well, according to reports from the Centers for Disease Control and Prevention (CDC), one in three of the children killed in cars in 2011 were not secure in child safety seats.

There are several factors that may explain why so many children aren’t properly secured: individual state laws, socioeconomic status, and education.  None of these factors can be attributed as the cause of children’s death in car accidents, but researchers speculate on how each one contributes. [Read more...]

Tips: Sharing the Road with a Drunk Driver

Car Driving at NightLiving in a city with so many drivers, and as a car accident lawyer in New York City, I have seen many accidents happen as a result of a driver deciding to slide behind the wheel after too much to drink.

While it is clear that these accidents are very rarely the fault of the sober driver, it may be important to know how to drive defensively in the event you see a drunk or impaired driver on the road — these tips could keep you safe and free of the injury and hassle of an accident. [Read more...]

Simulation Says “No Texting!”

Crowded Street in New York CityYou hear your cellphone buzz while you’re driving.  You know the text could be important, someone is expecting your swift reply.  Do you pick up the phone and read the text? Do you reply?

Most people know that the safe and correct answer is probably “no,” texting and driving is proven to be pretty dangerous.  Unfortunately, texting and driving is still something that happens frequently. In fact, over the last few years, texting and driving has actually become more common.

In New York City, where there are millions of cell phones, people, and cars crowding the roads, texting and driving poses an even greater risk. Sudden stops, construction sites, parked cars, and pedestrian crossings require a driver’s full attention on the road in order to avoid serious accidents — and a simulation is proving it. [Read more...]