Syracuse Personal Injury Law Blog

Looking at the role of tire problems in truck accident litigation, P.1

Published on: July 2, 2016 | By Jeff DeFrancisco

Truck accidents can occur for all manner of reasons, including fatigued driving, misjudging other driver’s movements, speeding or violating other traffic rules, talking on a cell phone and engaging in other activities which distract attention from driving. Another common cause of truck accidents is tire flats and blowouts.

Earlier this week, a truck accident occurred in Bolton when a front tire on the vehicle blew out, causing the driver to veer off the road and roll down an embankment. Fortunately, the driver suffered survived with no life threatening injuries. Reports say that no tickets have been issued over the incident, and it seems that nobody else was injured. Sources provided no indication of why the tire blowout occurred. In some cases of tire blowouts or flats, determining what exactly caused the failure isn’t an easy matter.

According to a 2003 report by the National Highway Traffic Safety Administration, tire blowouts or flat tires caused over 400 fatalities that year, as well as over 10,000 injuries and over 78,000 crashes. Those numbers were taken before tire pressure monitor systems were required for commercial motor vehicles, though, so hopefully things have improved. That same report found, though, that certain factors can increase the likelihood of tire problems occurring, such as inadequate tire depth, under-inflation and poor weather conditions.

Seeking compensation for cerebral palsy, other birth injuries: sooner is better than later, P.2

Published on: July 1, 2016 | By Jeff DeFrancisco

Last time, we began looking at the topic of cerebral palsy, which is a fairly common birth injury. As we noted last time, it is important for parents who believe their child may have suffered a birth injury to take steps early on to have their child medically evaluated and to determine their options with regard to seeking compensation.

For various reasons, parents may be hesitant to seek out legal assistance with regard to a child with developmental issues. Parents who have a concern about their child’s current and future development owe it to themselves, though, to seek out an experienced advocate. As we said before, the earlier this is done, the sooner parents can begin benefiting from the compensation they are awarded. Waiting too long delays these benefits and could mean that parents lose the ability to seek such compensation.

Each state has different rules when it comes to deadlines to file a lawsuit. The deadlines, known as statutes of limitation, vary according to the type of case. In New York, the statute of limitation for medical malpractice is 2 ½ years from the date the negligence occurred or from the end of continuous treatment. To pursue litigation against a negligent physician, therefore, parents must act rather quickly.

Proper tire pressure makes for safer driving

Published on: July 1, 2016 | By Jeff DeFrancisco

Staying safe on the road extends beyond being a conscientious driver behind the wheel. There are many things that go into maintaining your vehicle and keeping it in the best condition for safe driving. Keeping your tires properly inflated at the their optimum pressure is one way to decrease risk of tire failure and other problems that can result in a car accident.

Contrary to popular belief, the maximum PSI (pound of pressure per square inch) listed on the sidewall of your tire is not necessarily the best pressure to inflate it to. This number actually refers to the maximum cold pressure that the tire is rated for. Cold pressure is indicated because it is ideal to fill your tires when they are cold. Inflating your tires to the maximum PSI listed will change how they handle — a vehicle with tires which are overinflated is at greater risk of fishtailing the back end in a sharp turn, for instance. Over inflated tires are also more likely to exhibit balding at the very center of the tire tread, which increases the risk of an unexpected blowout while driving.

The optimum pressure for your tires can usually be located in your owner’s manual or on a sticker that is usually placed in the doorjamb, inside the gas tank door or on the trunk lid. Usually, ideal tire pressure is somewhere between 30 and 35 PSI. Keeping the tires properly inflated not only improves your fuel economy, but also improves handling, which may make the difference between a close call and a costly car accident.

Seeking compensation for cerebral palsy, other birth injuries: sooner is better than later, P.1

Published on: June 30, 2016 | By Jeff DeFrancisco

Birth injuries come in a variety of types, from those related to the brain, to the muscles or other physical injuries, to those related to infections, and injuries from the delivery itself. One common birth injury is cerebral palsy, which affects both the brain and the muscles. Primarily, cerebral palsy is a brain-related injury, but it does impact the way the brain communicates with muscle groups.

Cerebral palsy is not a condemnation to a life of unhappiness. Those who have the condition can adapt fairly well to circumstances and lead a relatively normal life. That being said, there are certainly challenges for those with cerebral palsy. The extent of these challenges depends, in part, on the severity of the condition. A recent article mentioned some of these challenges, and the importance of taking legal action to address these challenges early on.

When parents begin to notice developmental issues related to cerebral palsy, speaking to a lawyer sooner is better than later to ensure that parents understand the extent of the injury and their options for seeking appropriate compensation. Parents who notice developmental issues can have a medical evaluation done to determine cause of the problems. Medical evaluation of an infant is based on the so-called Apgar test, which evaluates an infant’s appearance, pulse, grimace, activity and respiration.

Work with experienced med mal attorney to effectively navigate discovery process

Published on: June 30, 2016 | By Jeff DeFrancisco

Last time, we began looking at the positive trend of increasing transparency in the delivery of health care. There are a variety of positive changes that will come about as the result of increased transparency in health care, particularly when medical error ends up harming a patient. Unfortunately, in many cases, patients receive poor communication from providers and hospitals and are left to fall back on the legal process to protect their rights.

As we noted, health care providers and systems are the primary holders of information when a medical error occurs. This isn’t to say that every case of medical error will be documented, because that isn’t true. In cases where medical error is reported and documented, though, it is up to the patient to make use of the legal process to obtain the information he or she needs to build a sound medical malpractice case.

When parents begin to notice developmental issues related to cerebral palsy, speaking to a lawyer sooner is better than later to ensure that parents understand the extent of the injury and their options for seeking appropriate compensation. Parents who notice developmental issues can have a medical evaluation done to determine cause of the problems. Medical evaluation of an infant is based on the so-called Apgar test, which evaluates an infant’s appearance, pulse, grimace, activity and respiration.

Federal program encourages transparency between providers, patients

Published on: June 24, 2016 | By Jeff DeFrancisco

Lack of communication or poor communication between doctors and their patients is problematic in a number of ways. It is particularly problematic, though, when the communication failure concerns serious medical or surgical errors. Lack of communication is often the result of the provider’s fear of liability, but lack of communication often results in more willingness to litigate.

This is one reason for the push to increase transparency between patients and their providers. The trend of increasing transparency is one that has even expanded to the federal level, with the Agency for Healthcare Research and Quality now promoting new guidelines for hospitals to adopt. The guidelines are premised on saving hospitals money as a result of reducing medical malpractice litigation.

The program, known as Communication and Optimal Resolution (Candor for short), has federal funding behind it and has been tested at a number of hospitals. The program prescribes the communication of error to the patient and their families within one hour of their occurrence. Providers are advised to keep close contact with patients and their families during the investigation, which is supposed to be completed within a month or two, and to interview them about the occurred. Billing is also placed on hold during an investigation. At the end of the process, hospital staff is supposed to discuss future prevention of such incidents to the patient.

Looking at the issue of vehicle maintenance in trucking accidents, P.2

Published on: June 23, 2016 | By Jeff DeFrancisco

Last time, we began looking at the topic of commercial vehicle maintenance, pointing out some of the general requirements for vehicle maintenance at both the state and federal level. As we left of saying, the requirements from the state of New York are essentially the same as the federal requirements.

When inspectors check out a vehicle for purposes of compliance, there are a lot of areas they inspect to ensure a vehicle is in safe operate condition. This includes checking on matters related to the transportation of hazardous materials, checking a vehicle’s fuel and braking systems, lighting, steering, coupling devices, suspension, tires and wheels, windshield wipers, mirrors, horns, exhaust, emergency equipment, and other areas.

Laxity in complying with safety rules, of course, is not a good idea for commercial vehicle operators. Doing so is not only bad for business, but can also lead to civil penalties and tort liability. An accident victim, or his or her survivors, may use failure to comply with vehicle safety regulations to establish liability at trial. Liability, as we’ve mentioned before, can be based on any failure to carry out some legal duty, including vehicle maintenance rules, traffic rules, or the general duty to exercise reasonable care in operating a motor vehicle.

Understanding the real cost of birth injuries

Published on: June 22, 2016 | By Jeff DeFrancisco

Virtually nothing comes close to the emotional toll of a birth injury – but the financial toll should not be overlooked, either.

When a medical professional’s negligence causes injury to your newborn, you may need time to grieve. But at the same time, it is essential that you begin thinking about how to give your child the best life possible.

According to the CDC, lifetime medical costs for children with intellectual disabilities are more than 25 times higher than costs for children without disabilities. Can you rely on your health insurance to cover the difference? Do you need to file a lawsuit so you can afford to give your child the care he or she deserves? To decide the best course of action, it is important to have a handle on the true costs of raising a child after a birth injury.

Report: vehicle maintenance issues plague sanitation companies

Published on: June 22, 2016 | By Jeff DeFrancisco

Under a bill currently being considered in New York City, private sanitation companies would have the exclusive right to collect trash in established zones. The idea behind the legislation is to make the city’s oversight of sanitation trucks easier. Oversight is a particular problem with respect to sanitation truck maintenance.

Evidence of the problem can be seen in a recent report which found that most of the safety violations involving private sanitation companies in New York amount to maintenance failures. According to the report, almost half of all private sanitation trucks from New York City’s top 20 sanitation companies, had to be put out of service for maintenance problems over a two year period. In one case, a company’s out-of-service rate was 86 percent.

According to some in the industry, employers in sanitation work are failing to maintain their fleets and are thereby putting their workers and other motorists at risk. When it comes to maintenance, problems can pop up in a number of areas, from balding tires to nonfunctional brakes to broken or missing lights or windshield wipers. Depending on the traffic and weather conditions, such maintenance errors can create deadly circumstances.

Filing a medical malpractice lawsuit? Consult with an attorney

Published on: June 22, 2016 | By Jeff DeFrancisco

We don’t need to debate the merits of a for-profit medical system today, other than to say that that’s exactly what we have in this country right now. As a result, the profit drives all of the decision making, and that can lead to some horrible mistakes or some sub-standard care for patients who are just innocently trying to take care of themselves.

Whether you approve of the current system or not isn’t the point. The point is that we all have an expectation that our doctors, hospitals and medical personnel will make the best decisions for us regarding our care and health. When a mistake is made or a medical error causes us harm, then we need to consider our next legal steps.

There are a lot of procedural elements that you need to follow in order to ensure you are doing things the right way prior to filing a medical malpractice lawsuit. You need to support your claims and get medical evidence that shows why someone provided substandard care to you, or why the medical error happened and how it caused you harm.