Syracuse Personal Injury Law Blog

Motorcycle helmet requirements: what should you look for? (PART 1)

Published on: March 18, 2016 | By Jeff DeFrancisco

In our last post we discussed a couple of motorcycle laws that are specific to the state of New York. It’s important that all drivers understand these laws and obey them. Another important issue to consider for motorcyclists is the use of a helmet. In the state of New York, every motorcycle rider has to wear a helmet, no matter their age or experience level. While a helmet will not always help prevent injuries caused by a negligent driver, many lives are saved each year due to the use of motorcycle helmets.

Head injuries are the leading cause of death among motorcyclists who are involved in a crash. That’s why our state has specific laws pertaining to helmet use. The state does not want you to use just any helmet. The helmet needs to meet Federal Motor Vehicle Safety Standard (FMVSS) 218. All motorcycle helmets sold in the Unites States are supposed to meet these standards. If you have ever seen a motorcycle rider wearing a helmet that doesn’t meet these standards, it’s usually because they bought a helmet that was sold as a novelty item, allowing it to circumvent these requirements. Riders mistakenly sometimes think these helmets will keep them safe.

You will know if a helmet meets FMVSS 218 standards if it has a DOT sticker on the back of it. Some sellers will provide these stickers with novelty helmets, but that does not make them compliant, so be aware of that. An even better indicator of safety is if the helmet has a sticker from a private, non-profit organization such as the American National Standards Institute or Snell. These organizations have their own standards for safety that will also meet the federal standards. These labels will usually be inside the helmet.

New York motorcycle laws: riding two abreast and lane splitting

Published on: March 17, 2016 | By Jeff DeFrancisco

While most of us are pretty aware of the rules of the road as they pertain to driving a passenger vehicle, there are specific laws in our state that pertain specifically to motorcycle riders that our readers may want to be aware of. Knowing these laws, no matter whether you are a car driver or a motorcycle rider, can help keep you safe. If an accident occurs between a motorcyclist and a passenger car driver, these laws will have an impact on who is found liable for the crash.

You may have been traveling down a freeway in another state when a motorcyclist passed you in your own lane. While that might seem dangerous, some states do not have laws that explicitly prohibit this act. This means that if you are sitting in traffic during rush hour, motorcyclists in those states may pass you by driving in the space left within your lane. While this may be okay in some states, it is illegal in the state of New York. This illegal maneuver is called lane splitting.

Another law that may be of interest to our readers has to do with two motorcyclists riding in one lane. State law does not explicitly disallow this act. State law only says that all motorcyclists are entitled to the full use of a lane. That means a passenger vehicle cannot encroach on a motorcyclist’s space just because he or she doesn’t take up a lot of room on the road.

Customers find glass in Nestle products

Published on: March 15, 2016 | By Jeff DeFrancisco

When we go to the grocery store to pick up our weekly meals, we tend to trust that the food that we are purchasing is safe to consume. We put a certain level of trust in the many products that are at the grocery store, especially if they are popular national brand names.

So when we read about a recall related to one of these large brands, it can be extremely disheartening. Recently Nestle announced a voluntary recall of some products that most of us have heard of: Stouffer’s, Lean Cuisine and DiGiorno. The company has recalled specific products from each of these brands. Most of the products contain spinach.

The company says that several customers found small pieces of glass in the food, which prompted the recall. The company says they believe the source of the glass is the spinach that is in many of the products. The products are mostly a variety of pizzas, raviolis and lasagnas.

Where can I learn about car seat recalls?

Published on: March 11, 2016 | By Jeff DeFrancisco

In our last post about car seats and car seat safety, we wanted to discuss the very important topic of car seat recalls. Parents often do a lot of research when it comes to picking a car seat. They learn about the different types of seats and the state’s laws related to those seats. They buy the seat ahead of time and make sure to install it properly. They may even get it checked by a technician to make sure that everything is perfectly installed and ready to go.

Parents can understand how frustrating it can be to go through all these steps just to learn that the car seat you purchased has been recalled. Or even worse, it can be devastating if a recall has not yet been made and your child is one of the first children to be injured by the defective product.

Thankfully manufacturers are required to let car seat owners know about these types of recalls. That is why it is extremely important for parents to register their car seats when they buy them. On top of that, you can also sign up with the National Highway Traffic Safety Administration to receive email alerts about any recalls that happen.

Proper car seat installation is important

Published on: March 10, 2016 | By Jeff DeFrancisco

In this post we continue our discussion about the importance of child safety seats. The state of New York has specific laws that must be followed by anyone who is transporting a child in his or her vehicle. If an individual fails to follow these laws, they may be held liable if the child is injured in an accident.

In our last post we discussed the different types of seats that are available. When choosing a brand and type of seat, it’s also important to make sure that brand will actually work in your vehicle. Every car has backseats that are a bit different and may have different angles, so it’s important to make sure the car seat actually fits properly.

On top of that, it’s important to make sure the car seat is installed properly. The first step to take is to read the instruction manual that comes with the car seat and to read the car owner’s manual. These manuals will help you identify the proper way to install the car seat. Some car seats may use a tether anchor that is located in the car, while other car seats may have to use the vehicle’s seat belt in order to properly secure it into the car.

What are the different types of child safety seats?

Published on: March 9, 2016 | By Jeff DeFrancisco

This week we are discussing the use of child safety seats in New York. In our last post we discussed the specific laws that our state has when it comes to using restraint systems and booster seats. While these systems do a great job at protecting our children, many parents do not really understand the different types of systems that are available.

There are basically four different types of restraints for children. The first kind is usually used for infants and newborns. These are known as rear-facing car seats. These seats face to the rear of the car and the seat cradles the child’s spine and neck during a crash. It also has a harness that keeps the child secure. Within this type of car seat there are different choices. You can get a seat that is only rear-facing. Your child will eventually outgrow this type of seat. These are often the types of seats that can be clicked out of a base and carried. You can also get a convertible seat that can change to forward-facing, or an all-in-one seat that can become forward-facing and later be used as a booster seat.

The next type of seat is called a forward-facing car seat. This has a harness and tether that keeps your child from moving forward during a crash. These car seats come in the all-in-one or convertible, as we discussed above, and also in a combination seat which can later turn the forward-facing seat into a booster.

Family of injured child reach $30 million settlement

Published on: March 8, 2016 | By Jeff DeFrancisco

We hear about a lot of different types of medical malpractice cases but the stories that are often the hardest to hear about are those involving children. As parents, we will often trust medical professionals in terms of their treatment recommendations when our children are facing serious medical problems. We want what is best for our children and hope experienced medical professionals can help our family.

A case involving a toddler has recently reached a settlement of $30 million to be paid to the family. The toddler apparently suffered a catastrophic brain injury due to surgical complications. The child reportedly underwent around 25 experimental surgeries after he was born with a leak in his esophagus in 2009.

The last surgery performed on the child was in 2011 and involved using a suturing device. That device severed the child’s pulmonary artery. The child currently deals with cerebral palsy and an irreversible brain injury. Other surgeries performed involved the use of a stent to fix the leak. The family’s attorney says the doctor who performed the surgeries deviated from the acceptable standard of care and was medically careless.

Child seat safety laws in New York

Published on: March 8, 2016 | By Jeff DeFrancisco

New York, like every state across our country, has specific car seat laws. These laws are put in place in order to protect children who are traveling in vehicles. Children have fragile necks and spinal cords and need extra support and protection in the case of an accident. Just a seatbelt alone is not adequate enough to keep a child safe.

In New York, the laws are very specific:

-Children who are under 4 years old and weigh less than 40lbs must be buckled into a restraint system.

Self-driving cars: where does the liability lie?

Published on: March 7, 2016 | By Jeff DeFrancisco

Here’s an interesting topic to consider: self-driving cars. It may seem like a concept out of a futuristic movie, but as many of us know, it’s something that is quickly becoming a reality. It may not be commonplace to see a self-driving car right now, but they are out there.

These types of cars definitely change the liability playing field a bit. Once these types of cars become more common, who would be liable for an accident? Would it be more difficult to find fault or perhaps a lot easier since the cars’ movements are determined by sensors and a computer? If a self-driving car causes an accident, can we sue the driver or the maker of the car?

Google is at the forefront of these types of cars. They have quite a few cars out on the streets being tested. Currently there are two dozen Lexus SUVs out on the roads that have cameras and sensors on them. Although these cars have been involved in a handful of accidents, most of them involved the Google car being rear-ended. And it doesn’t appear that any serious injuries were involved.

Pistachios recalled due to possible salmonella contamination

Published on: February 26, 2016 | By Jeff DeFrancisco

In our last post of the week concentrating on the topic of recalls, we discuss the very dangerous threat of food contamination. When we think about food recalls we often think about foods that are easily contaminated such as raw meats or products that need to be refrigerated. The scary thing is that just about any food that is distributed nationally or even locally carries a risk for some sort of contamination. While some contaminations may be low-risk, others can have deadly effects. For this reason, the Food and Drug Administration does not mess around, and as soon as they learn about a possible contamination, they do their best to alert the public in an urgent fashion.

Recently, the FDA announced a voluntary recall of raw pistachios from a specific company. The recall was issued by International Foodsource, LLC on four separate products that all contain pistachios. Thankfully no illnesses have been reported due to the contamination as of the second week of February but as we all know, sometimes it takes quite a bit of time for an illness to be linked to a specific food contamination.

The product apparently poses a possible salmonella risk. Laboratory analysis found the presence of salmonella in a five-ounce bag of one of the four products being recalled. While healthy adults may be able to get through salmonella poisoning with just stomach pains and diarrhea, this type of poisoning poses a great threat to children, the elderly and anyone who is frail or has a weak immune system. That covers a very large percentage of our population.