Syracuse Personal Injury Law Blog

Negligent behaviors on icy roads can lead to severe injuries

Published on: January 22, 2016 | By Jeff DeFrancisco

As the state of New York gears up for a snowy storm, it’s important to remember safety rules as we navigate our roads. While individuals may feel justified in leaving their homes to run errands or make their way to work, it’s also important to consider the current road conditions. No matter how good of a driver an individual might be, that driving ability may be no match for the road conditions that a storm can bring.

Sometimes negligence can be very difficult to prove when bad weather and difficult driving conditions are involved. But what happens when a person knowingly hits the road during bad weather and drives recklessly for those conditions? For example, the posted speed limit on a city road may be 40 miles per hour. But when road conditions are poor and visibility is low, the appropriate speed at which to drive may drop significantly. If a driver is overconfident and decides to drive at the posted speed limit, he or she could be acting negligently.

It’s one thing if that individual happens to drive themselves off the road after hitting a patch of ice. It’s a whole other situation if their negligent actions hurt an innocent bystander. You may be navigating the roads at a very reasonable and safe speed when you are suddenly pushed off the road by a reckless driver. In these situations, getting the authorities involved is essential to understanding exactly what happened during the incident and who may be to blame for the accident that occurred.

Scaffoldings can bring serious safety concerns in NYC

Published on: January 21, 2016 | By Jeff DeFrancisco

Premises liability cases happen as a result of many types of unsafe environments around the city. New York City and its surrounding areas are known for cramped spaces filled with heavy foot traffic at all times of the day. A person cannot enter the city without encountering one of its less-appealing structures: scaffolding.

For those living in New York City, it may feel like scaffolding is everywhere. Scaffolding is a temporary structure that is used by companies in order to repair or clean a building. It may also be used to build a new structure.

It’s understandable that these structures can be quite frustrating to those who live near them. In fact, according to one news article, there are about 190 miles of scaffolding, or sheds, as some call them, across the state. In total, there are some 9,000 sheds on the state’s city streets according to the Department of Buildings.

Drowsy driving can be extremely dangerous

Published on: January 14, 2016 | By Jeff DeFrancisco

In many cities, rush hour can start long before the sun comes out. Working individuals often hit the snooze several times before rolling out of bed, getting dressed and hitting the road. It’s understandable then that a lot of early morning drivers may be sleepy as they navigate the roads on their way to work.

Beyond that, there are individuals who are perpetually tired. This may happen if they drive eighteen wheelers across the country or if they work a night shift. It could also be caused by a circumstance at home, such as the arrival of a new baby that keeps mom and dad up for hours during the night.

Statistics show that some 72,000 crashes occurred due to drowsy driving in 2013. Those accidents caused 44,000 injuries and 800 fatalities. The hard part about these statistics is that it shows only a portion of the actual incidents. According to the National Highway Traffic Safety Administration, accidents in which drowsy driving is a factor are often underreported.

Public New York hospitals see increase in med mal cases

Published on: January 12, 2016 | By Jeff DeFrancisco

New York City has the largest municipal health care system in the United States. There are 11 public hospitals in New York City, which are run by the City Health and Hospitals Corporation. Because of its sheer size, it’s important for the city and for patients to know these hospitals’ medical malpractice statistics.

Information has recently come out from the New York City Comptroller’s Office that shows the number of medical malpractice lawsuits that were filed against these city-owned hospitals has increased in fiscal year 2015. That year saw 521 lawsuits as opposed to 495 in fiscal year 2013.

Although the news isn’t very positive, the trend is still moving downward since 2015 saw fewer cases than 2013. Not only that, but it’s important to point out that while some of the individual hospitals saw an increase in cases, others saw a decrease for fiscal year 2015.

LAWSUIT: Ob-gyn procedure led to fetus’ death

Published on: January 11, 2016 | By Jeff DeFrancisco

Certain rulings in medical malpractice cases can set a precedent for cases in the future. That’s why it’s important for attorneys who work with medical malpractice victims to keep up on incoming and current cases. The outcome of a recent medical malpractice case involving an obstetrics and gynecology doctor may set an example for how such cases could be handled in New York and across the United States.

The case involves the death of a fetus that resulted from a procedure performed by the doctor. According to the case, the doctor ruptured a woman’s fetal membrane as she was “trying to remove an intrauterine birth control device.” The doctor failed to check if the woman was pregnant before performing the procedure.

The ruptured membrane caused the woman to go into labor and she delivered her 22-week-old fetus. That fetus apparently died less than a couple of hours later.

Steps to take to try to avoid a motorcycle accident (PART 2)

Published on: January 8, 2016 | By Jeff DeFrancisco

In today’s post we continue our discussion on things motorcycle riders can do to try to avoid an accident. We use the word “try” because that is truly all a rider can do in situations where others are involved. We have seen many cases where even the most experienced and knowledgeable rider cannot avoid the mishaps of others.

The most common accident that happens to motorcyclists is when another vehicle turns left in front of them. This is often where we hear the “I didn’t see them” excuse. A motorcyclist should always be aware that any intersection where a car is preparing to turn left may be an immediate threat. In these situations, it may benefit a rider to slow down and prepare for evasive measures if needed. Although some might think laying down their bike is the best option if they are about to collide, being in an upright position is a much better option. The best hope of surviving such a crash is to lower your speed as fast as possible before colliding. This could mean the difference between life and death.

What can a motorcyclist do to avoid having a car change lanes into them? Again, awareness is key here as well. Try to stay out of other vehicles’ blind spots and be aware of situations where vehicles are more likely to change lanes (such as when one lane of traffic is moving faster than another).

Steps to take to try to avoid a motorcycle accident (PART 1)

Published on: January 7, 2016 | By Jeff DeFrancisco

Motorcycle accidents are some of the most tragic on the road. With a lack of protection from the actual vehicle, injuries can be horrific. On the other hand, motorcycles do have features such as excellent handling, tires that grip well and powerful breaks that help riders avoid accidents. Unfortunately, a rider may do everything in his or her power to avoid an accident, but still hurt by the negligence of another driver on the road.

In our next two posts we will discuss what motorcyclists can do to stay safe on the road. First, there are quite a few things that motorcyclists can do on their own to increase their safety. Taking basic riding courses in order to educate yourself on safety is a smart idea. It’s also important to consider what you are wearing. Although your gear may not necessarily prevent all possible injuries, it may allow you to be in better control of your bike and can also help other drivers see you better.

There are several scenarios in which your speed will make a world of a difference. For example, a rider may enter a corner too fast, which could make them lose control. A good rule to follow is “slow in, fast out.” Go into the turn slowly and then speed up once you are out of it. This can be especially helpful if you end up hitting gravel in a blind corner.

New York third-party medical malpractice lawsuit reinstated

Published on: January 6, 2016 | By Jeff DeFrancisco

A very interesting case recently made it to New York’s highest court that brings up a unique issue when it comes to medical malpractice lawsuits.

We have extensively discussed medical malpractice lawsuits on our blog that involve a patient who was injured due to alleged negligence by a medical professional. If that individual was injured, he or she may file a lawsuit. In other cases we also hear about someone dying due to alleged negligence and their family filing a medical malpractice lawsuit on their behalf.

But what happens when the injury happens to a third party? This is exactly the issue that the higher court recently took on.

Man checking on vehicle in embankment killed on I-81

Published on: January 6, 2016 | By Jeff DeFrancisco

Sometimes the best intentions turn out to have tragic outcomes. Just before the new year hit, a man who had gotten out of his vehicle on a New York interstate in order to check on another vehicle was hit by another vehicle and died on the scene.

Oswego County officials outlined the tragic chain of events that led to the crash. The 27-year-old man was in a vehicle along with a 29-year-old female when they noticed an occupied vehicle that was in an embankment on the side of Interstate 81. They pulled over onto the shoulder and got out of the vehicle in order to walk down to the vehicle that was in the embankment.

At the same time, a 19-year-old driver also went down the embankment and hit the man and woman. The man died at the scene of the accident. The woman was taken by ambulance to a hospital in Syracuse. The 19-year-old driver was not injured. Police say the weather conditions at the time of the accident were very poor.

Syracuse VA has relatively low medical malpractice claim numbers

Published on: January 5, 2016 | By Jeff DeFrancisco

Up until 1946, veterans who felt they were victims of medical malpractice that occurred at a VA medical center were unable to sue. Thankfully Congress passed the Federal Tort Claims Act that year, which gave veterans the right to seek compensation from the federal government for the injuries they suffered at the hands of federal employees.

Recent information released by The Project on Government Oversight takes a look at the medical malpractice claims filed against VA medical centers across the nation between 1989 and 2008. That information brought some good news for the VA facility in Syracuse.

The statistics show that during that period of time there have been 31 claims filed against the Syracuse VA. Of those claims, 10 involved patient deaths. In total, the VA paid out some $2 million in claims; $1.56 million in cases that went to court and nearly $500,000 for cases that were resolved administratively.