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New Data Reveal Which City Agency Is Running Over the Most Pedestrians

Over the past eight years, there have been more than 1,200 personal injury claims against the city involving pedestrians injured or killed by drivers of city vehicles, including 22 pedestrian deaths, according to a new report and interactive map from Comptroller Scott M. Stringer [PDF]. Over the same period, the city paid $88 million for pedestrian injury settlements and judgments. Claims have held steady in recent years, with NYPD consistently holding the top spot among city agencies.

The document is an update to Stringer’s “ClaimStat” report from July, which offered broad numbers on the city’s motor vehicle-related property and injury claims. Today’s report takes a deeper dive into claims related specifically to pedestrian deaths and injuries. It did not examine bicyclist injuries or deaths.

Pedestrians killed by city drivers within the past eight years include Ryo Oyamada, killed by an NYPD driver in Queensbridge last year, and Roxana Sorina Buta, killed by a hit-and-run DOT dump truck driver in 2012. Claims against the city for pedestrian deaths over the past eight years are concentrated in three departments, according to data provided to Streetsblog by Stringer’s office. There were eight claims filed against NYPD, five against FDNY, and four against DSNY. The departments of Education, Transportation, Health and Mental Hygiene, and the Administration for Children’s Services had one pedestrian death claim each. One claim was not assigned to a specific agency. 

City government has more than 28,000 vehicles and 85,000 authorized drivers, according to Stringer. During fiscal years 2007 through 2014, there were 1,213 pedestrian personal injury claims filed, including 22 pedestrian fatalities. The city paid out $88,134,915 during the same period for pedestrian injury cases.

Most claims are concentrated in denser neighborhoods, with Community District 5 in Midtown Manhattan leading the city with 50 claims.

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DA Cy Vance: $250 Fine for Motorist Accused of Deliberately Striking Cyclist

Manhattan DA Cy Vance dropped assault charges against Jose Henriquez, the hit-and-run driver accused of intentionally striking a cyclist with an SUV. Henriquez was allowed to plead to leaving the scene and was fined $250. Vance photo: Brad Aaron. Henriquez photo via Facebook

Manhattan DA Cy Vance dropped assault charges against Jose Henriquez, a hit-and-run driver accused of intentionally striking a cyclist with an SUV. Henriquez was allowed to plead to leaving the scene and was fined $250. Vance photo: Brad Aaron. Henriquez photo via Facebook

Manhattan District Attorney Cy Vance dropped assault charges against a hit-and-run driver accused of intentionally ramming a cyclist with an SUV, allowing the defendant to plead guilty to leaving the scene and pay a small fine, according to court documents and the victim’s attorney, Steve Vaccaro.

Vaccaro says the case was one of several handled by his firm, Vaccaro and White, in which Vance’s office declined or otherwise failed to pursue assault charges against motorists and pedestrians who attacked cyclists or purposefully hit them with motor vehicles.

According to Vaccaro and a witness affidavit [PDF], at around 5:00 p.m. on July 13, 2013, Michael (not his actual name) was riding his bike on Avenue B on the Lower East Side. Avenue B is a narrow two-way street with no bike lanes and parking on both sides. To avoid being doored, Michael was riding in the center of his lane. When a motorist approached Michael from behind, tailgating and honking, he responded by flipping the driver off.

Approaching the intersection of Avenue B and E. 13th Street, Michael slowed for a red light. According to the affidavit, the driver, still behind him, accelerated, striking the back of Michael’s bike and flipping him over the handlebars, causing him to hit his head on the ground. With Michael in the street bleeding from his face and head, the motorist swerved around him and attempted to drive off. A second motorist on the opposite side of the intersection tried to block the way, but the SUV driver went around the vehicle and left the scene.

Witnesses noted the SUV’s plate number, and the driver was identified by NYPD as 33-year-old Jose Henriquez, of Queens.

Michael suffered lacerations to his face. Despite his injuries and the circumstances of the crash, NYPD and prosecutors with Vance’s office initially charged Henriquez only with leaving the scene. “We went out and got the witnesses to establish that it was a deliberate strike, and to the DA’s credit, they added assault charges,” says Vaccaro. “Now, inexplicably and without justification, they have dropped them.”

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DiNapoli: If Cuomo Borrows More for the MTA, Get Ready for Fat Fare Hikes

Without a commitment from the state to close the $15.2 billion gap in the MTA’s capital program, the cost of a MetroCard is likely to spike as the MTA adds to its cumbersome debt load, according to a new report from Comptroller Tom DiNapoli [PDF]. The warning comes as Governor Andrew Cuomo and the legislature begin the very early stages of negotiations over funding the capital plan, which maintains, upgrades, and expands the transit system.

Is he listening? Debt is at record levels. Without new revenue, it will go up even more. Photo: MTA/Flickr

MTA debt has skyrocketed and without new revenue, it will consume even more of the agency’s budget. Does Cuomo care? Photo: MTA/Flickr

By some measures, the MTA is doing well: Ridership is reaching new highs, the authority is making progress on cost savings, and an improving economy has buoyed its finances. But there’s trouble around the corner: Labor and health care expenses are already rising faster than the MTA can pay for them even as new labor deals pile on more costs, federal funding is questionable, debt is at record levels, and the next capital plan is only halfway funded. Without new sources of revenue, issuing more debt to pay for system upkeep and expansion will translate into more fare hikes.

The authority is already planning on issuing $6.2 billion in debt for the next capital plan. Even with that borrowing, there’s still a $15.2 billion gap. Without action in Albany to bring in new revenue, the MTA will likely do what it did last time: Cut the capital program while issuing even more debt. That means fare hikes.

Fares are already scheduled to increase faster than inflation, with back-to-back four percent hikes scheduled for 2015 and 2017. If the MTA has to issue more debt to pay for the capital program, DiNapoli calculates that riders should expect an additional 1 percent hike for every $1 billion borrowed.

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Council Members Line Up in Support of Woodhaven Bus Rapid Transit

Council Member Donovan Richards calls for center-running Bus Rapid Transit on Woodhaven and Cross Bay Boulevards at City Hall this morning. Photo: Stephen Miller

Council Member Donovan Richards calls for center-running Bus Rapid Transit on Woodhaven and Cross Bay Boulevards at City Hall this morning. Photo: Stephen Miller

Council Member Donovan Richards stood on the steps of City Hall this morning, asking DOT to move ahead with full-fledged Bus Rapid Transit on Woodhaven Boulevard and Cross Bay Boulevard. Six other Queens council members have joined Richards on a letter to DOT and the MTA asking for center-running bus lanes, station-like bus shelters, and pedestrian safety improvements.

In addition to Richards, council members Eric Ulrich, Elizabeth Crowley, Karen Koslowitz, Julissa Ferreras, Daniel Dromm, and Jimmy Van Bramer – whose districts all include the potential BRT route — want DOT and the MTA to “consider implementing full-featured Bus Rapid Transit” on Woodhaven [PDF]. There is now a united front of support for BRT from city elected officials in advance of the anticipated rollout of a bus improvement plan from DOT and MTA this fall.

The agencies have been hosting workshops in the area and have already outlined a first phase that includes minor bus upgrades. Transportation Commissioner Polly Trottenberg has said the budget for future phases of the project will be significant, and Richards hopes the city uses those funds to create a robust BRT line. “We look forward to a full-fledged BRT service in Queens,” he said. “We’re closer than many of us anticipated to pulling this off now.”

That’s due in no small part to the work of the Riders Alliance, which has spent months organizing bus riders. Stephanie Veras, a Woodhaven resident who volunteers with Riders Alliance, relies on buses to get to Queens Center Mall and to access the subway. Too often the bus is slow and unreliable, she said. Veras presented 5,000 petition signatures she and other volunteers had gathered in favor of center-running BRT. “It’s about time that Queens get better buses,” she said. ”Queens bus riders deserve better.”

Richards said he endured long bus rides on Woodhaven when commuting to Vaughn College of Aeronautics in Elmhurst as a student. Better buses can create better economic opportunities, Richards said, especially for residents in his transit-starved district. ”We stand with those families who have had a hard time just connecting to the other side of Queens,” he said. “This is an economic justice issue. This is an environmental justice issue.”

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De Blasio Signs Transit Benefit Bill, Says 25 MPH Limit Will Save Lives

This afternoon, Mayor Bill de Blasio signed legislation requiring companies with 20 or more full-time employees in New York City to offer the federal transit tax benefit to their workers. The measure, which takes effect in 2016, is expected to save employers and workers millions of dollars each year. He also held a hearing on New York City’s new default speed limit of 25 mph, which goes into effect November 7. The mayor will hold a formal bill signing before that date.

Mayor de Blasio speaks at today's bill signing. Photo: NYC Mayor's Office/YouTube

Mayor de Blasio speaks at today’s bill signing. Photo: NYC Mayor’s Office/YouTube

“Reducing speed is a key part of Vision Zero,” de Blasio said, thanking advocates and families of traffic violence victims for their efforts to get the speed limit bill through Albany. He noted that traffic fatalities are down more than 8 percent since last year, and pedestrian deaths have fallen 23 percent. “That’s before we put the default speed limit into place. The 25 mph speed limit will make our streets even safer,” he said. “Speeding is fundamentally dangerous and can, in fact, be deadly.”

Council Member David Greenfield proposed lower speed limit legislation in the City Council in 2013. “I don’t like to call them accidents, because when someone speeds and gets into what people call an ‘accident,’ it wasn’t an accident,” Greenfield said at today’s hearing. “You shouldn’t have been speeding.”

At the hearing, Transportation Alternatives Executive Director Paul Steely White urged de Blasio to ensure that the 200,000 drivers under city purview, either as municipal employees or licensed livery drivers, set the tone on the city’s streets by obeying the new 25 mph speed limit. He also made the case for capital funding for reconstruction of major arterial streets, where half of all traffic fatalities occur in New York.

The mayor will sign the speed limit bill before it takes effect November 7, a tactic City Hall has used before to generate more media coverage for Vision Zero bills.

The transit benefit bill requires companies with 20 or more full-time staff in New York City to allow employees to pay for transit commuting costs using pre-tax income. Someone making an average NYC wage who purchases a monthly unlimited MetroCard could save $443 annually, according to Riders Alliance, while the average employer would save $103 per employee per year [PDF].

By saving commuters money, tax-free transit helps boost ridership. A 2004 survey of NYC employers by Transit Center, which administered transit benefits on behalf of employers, found a 16 percent increase in transit ridership among employees after companies started offering transit benefits [PDF].

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Trottenberg: Federal Cuts Could Make MTA Funding Gap Even Bigger

Transportation Commissioner Polly Trottenberg said today that the MTA is making “optimistic assumptions” about federal funding as it plans its next five-year capital program. The agency has identified only half the funds to cover the projected costs of the plan, which maintains, upgrades, and expands the transit system. At a panel with top-level city agency heads this morning, Trottenberg, who sits on the MTA board, warned about a possible cut in federal support, which would further widen the funding gap.

Are the doors closing on federal transit funding? Polly Trottenberg says Andrew Cuomo's MTA is too "optimistic" about the feds paying for the capital plan. Photo: MTA/Flickr

Polly Trottenberg said Andrew Cuomo’s MTA is too “optimistic” about the feds paying for the capital plan. Photo: MTA/Flickr

A drop in federal funds would supposedly increase pressure on Governor Andrew Cuomo, who controls the transit authority, to support new sources of revenue. So far, the governor has opposed any new revenue for the MTA.

This morning’s panel, which kicked off the annual meeting of the American Planning Association’s New York Metro chapter, featured Trottenberg, City Planning Commission Chair Carl Weisbrod, HPD Commissioner Vicki Been, and EDC President Kyle Kimball. It was moderated by Regional Plan Association Executive Director Tom Wright.

Trottenberg, who was a top U.S. DOT official before moving to NYC government, questioned the assumptions the MTA is making about the federal contribution to its capital program. “At the moment, they have half the funds in hand,” she said. “I’m not even quite sure that they have that money in hand, because it does make some optimistic assumptions perhaps about what’s happening at the federal level.”

After the event, I asked Trottenberg why she thought the MTA’s assumptions are optimistic. She took a long pause before answering. “There is a big question mark about what the federal funding picture is going to look like in the next few years, and understandably when you’re doing a capital budget you have to take a guess at a number,” she said. “But I think there’s a chance that the feds are going to be even less supportive on the transit front than they have been in the past.”

Many political analysts expect Republicans to gain control of the Senate in November, which could disrupt the current stasis in federal transportation policy.

While Trottenberg raised the possibility of a decrease in federal support for transit, the MTA expects those funds to remain steady [PDF].

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Maximum Penalty for Cab Driver Who Killed Cooper Stock: 15 Days and $750

The cab driver who killed 9-year-old Cooper Stock last January was charged this month with failure to exercise due care, a traffic infraction that carries a maximum 15-day jail sentence and a small fine.

Cooper Stock. Photo: Barron Lerner via ##http://well.blogs.nytimes.com/2014/01/24/treat-reckless-driving-like-drunk-driving/##New York Times##

Cooper Stock. Photo: Barron Lerner via New York Times

According to court records and the office of Manhattan District Attorney Cy Vance, an arrest warrant was issued for Koffi Komlani on October 1. He was arraigned in criminal court on October 7, pled not guilty, and was released on his own recognizance.

Here’s how the Daily News described the latest developments in the case, in a story that ran today:

The cabbie who hit and killed 9-year-old Cooper Stock, as the child crossed the street with his father, has been charged in the boy’s death, the Daily News has learned.

Driver Koffi Komlani was arrested Oct. 8 and charged with failure to exercise due care by the Manhattan district attorney, sources said Thursday.

It’s common for the tabloids to make it seem as if law enforcers are seeing justice done for victims of traffic violence when, in actuality, the motorist in question faces relatively mild consequences. The Daily News story looks like another example.

Failure to exercise due care is a violation of VTL 1146 — Hayley and Diego’s Law. Though Komlani was arraigned in criminal court, this is a traffic violation, not a criminal offense. Drivers summonsed for careless driving are subject to jail time of up to 15 days, fines of up to $750, a license suspension of up to six months, and a mandatory drivers’ ed course. These are maximum penalties. The minimum is no penalty at all.

Prosecutors with Vance’s office told Cooper’s family last spring that they would not be filing criminal charges against Komlani.

The Taxi and Limousine Commission opted not to renew Komlani’s probationary hack license when it expired in July. Vance’s office said the judge suspended his drivers license pending the outcome of the case. Komlani’s next court appearance is scheduled for December.

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155th Street Ped Safety Fixes Clear Three Uptown Community Board Votes

The Manhattan side of the 155th Street Bridge is a complex intersection where pedestrians are too often forgotten within a swirl of turning vehicles and impatient drivers. The intersection is also on the border of three community boards, adding extra layers of review for DOT efforts to improve safety. As of last night, transportation committees at all three boards have voted in support of the proposal, which will add pedestrian islands and turn restrictions while shortening crossing distances and calming traffic [PDF]. After it clears the full boards, the safety fixes are scheduled to be installed next year.

The plan will add four curb extensions and one pedestrian island to the Manhattan side of the 155th Street Bridge. Image: DOT [PDF[

The plan has three turn bans, four curb extensions and one pedestrian island for the Manhattan side of the 155th Street Bridge. Image: DOT [PDF]

The location is more dangerous than 99 percent of Manhattan’s intersections. From 2008 to 2012, there were 72 traffic injuries, eight of them severe, at this single location, and nearly two of every five pedestrian crashes happen while the victim is walking with the signal, according to DOT. More than a quarter of crashes involve left-turning drivers, far higher than the numbers at other Manhattan intersections.

A plan for the intersection has been in the works for nearly two years. DOT’s proposal includes three new turn bans, four new concrete curb extensions, and one new pedestrian refuge island at the intersection of West 155th Street, Edgecombe Avenue, St. Nicholas Place, and Harlem River Driveway. On St. Nicholas Place, the agency is proposing new crosswalks at 152nd Street and three pedestrian islands, one each at 151st, 152nd, and 153rd Streets.

CB 12′s transportation committee voted unanimously to support the plan earlier this month. Last night, committees at community boards 9 and 10 followed suit. The vote at CB 10 was 6-0, with one abstention, according to committee chair Maria Garcia. At CB 9, the committee voted 7-0 to support the plan.

The Assembly member representing the area — Herman “Denny” Farrell, chair of the powerful Ways and Means Committee — has been a regular presence at public meetings for the project. He attended both committee meetings last night to speak about the plan. “I’m 90 percent in favor of it,” he told CB 10. “I’m 10 percent in opposition to elimination of the left turn onto St. Nicholas Place.”

Farrell was referring to a proposal to prohibit westbound drivers on 155th Street from turning onto southbound St. Nicholas Place. The turn ban would create space for a pedestrian island on St. Nicholas Place and direct drivers to instead turn left at the next intersection, at St. Nicholas Avenue. Farrell was concerned that the additional left turns at that location would pose a safety hazard. The plan converts one of the lanes on 155th Street at St. Nicholas Avenue to a dedicated turn lane. According to DOT, 110 drivers make the left turn onto St. Nicholas Place during rush hour. The agency said at previous meetings that the intersection should be able to handle the additional traffic.

While committee members shared Farrell’s concern, none of the committees are asking DOT to take out the turn restriction. A draft of CB 9′s resolution asks DOT to provide follow-up data from the St. Nicholas Avenue intersection on the impact of the turn ban.

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Motorist Fatally Strikes “Very Small” Pedestrian in Chinatown [Updated]

Canal Street, looking west, at Elizabeth Street, where a driver struck and killed a senior this morning. NYPD and a witness says the victim was crossing south to north (left to right) when the driver waiting at the light accelerated into her when the signal changed.  Image: Google Maps

Canal Street, looking west toward Elizabeth Street, where a driver struck a senior this morning. Image: Google Maps

NYPD has filed no charges against a driver who killed a senior in Chinatown this morning.

The victim, believed to be in her 70s, was crossing Canal Street at Elizabeth Street at approximately 4 a.m., when the motorist hit her with a Jeep SUV, according to NYPD and published reports. Based on media accounts and information provided by police, it appears the victim was crossing Canal south to north and was struck when the driver, westbound on Canal, accelerated when the signal changed.

From the Daily News:

“I didn’t see her, she was very small,” said the 64-year-old driver, who was heading west on Canal St. but immediately stopped the car after the collision.

The man, who did not give his name, was in shock when he realized what had happened. “My heart, it’s pounding.”

Armando Noreles, 43, was stopped at the red light in his delivery truck beside the Jeep moments before the SUV slammed into the woman.

“We were waiting at the red light. When the light changed he started driving, and he didn’t see the lady and he just hit the lady.”

NYPD has not released the victim’s identity, pending family notification. She died at New York-Presbyterian Lower Manhattan Hospital. ”We saw her every day, every morning,” Norales told the Daily News. “She was so cute. Early in the morning, she tried to get money collecting cans.”

As of this morning, an NYPD spokesperson said there was “no criminality.” Police had no information on who had the right of way, and said the Collision Investigation Squad was still working the crash.

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NYPD: Failure to Yield Caused Crash That Left Cyclist Brain Dead; No Charges

The bus driver was making a turn, in red, when he struck cyclist Anna Maria Moström, whose path is shown in white. NYPD's preliminary investigation results fault the driver, but no charges have been filed. Photo: Google Maps

The bus driver was making a turn, in red, when he struck cyclist Anna Maria Moström, whose path is shown in white. NYPD’s preliminary investigation results fault the driver, but no charges have been filed. Photo: Google Maps

No charges have been filed against the bus driver who left a Roosevelt Island cyclist brain dead last week, even though NYPD’s preliminary investigation shows the driver caused the crash by failing to yield to the cyclist.

Photo: annamariamostrom/Instagram

Photo: annamariamostrom/Instagram

At 9:18 p.m. on Wednesday, October 8, Anna Maria Moström, 29, was riding her bike northbound on Roosevelt Island’s Main Street. A 51-year-old man behind the wheel of a Roosevelt Island Operating Corporation “red bus” going south turned left across her path to enter a turnaround beneath the Motorgate parking garage. The drivers-side bumper struck Moström and she fell off her bike, according to police. She was unresponsive when EMS arrived, and was transported to Weill Cornell Medical Center.

Moström, a model who moved to New York two years ago, is a Roosevelt Island resident. After the crash, her family arrived from Sweden to be by her hospital bed. Although she has undergone surgeries and doctors hope she can begin breathing without a respirator soon, she faces a bleak prognosis for regaining consciousness, according to Swedish newspapers Nöjesbladet and Expressen. The family is making end-of-life preparations including organ donation, according to a friend of Moström’s who spoke to the Daily News.

While the driver was not intoxicated and was not using a cell phone at the time of the crash, NYPD said preliminary investigation results showed that the driver was at fault for not yielding to the cyclist. Although there is a new law to penalize drivers in exactly this type of crash, no summonses have been issued and no charges have been filed against the driver.

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