Syracuse Personal Injury Law Blog

Rash of pedestrian accidents in NYC show much work to be done

Published on: November 29, 2015 | By Jeff DeFrancisco

In New York City, there has been a recent flourish of pedestrian accidents which demonstrate how serious the consequences of a car crash can be. Over a dozen pedestrians have reportedly been killed in the Big Apple since Halloween, despite Mayor de Blasio’s ongoing efforts to completely eliminate traffic deaths in the city.

While these efforts have obviously not yet eliminated traffic fatalities, pedestrian fatalities are at least lower than they were in 2014. So far this year, a total of 109 pedestrians died in traffic accidents. Over the same period in 2014 there were 121.

Mayor de Blasio’s plan to eradicate traffic fatalities, known as Vision Zero, has so far involved the reduction of speed limits to 25 miles per hour, increasing law enforcement presence setting up speed cameras, and changing traffic flow for particularly risky streets and crossings. Police have been focusing particularly on offenses like reckless driving, speeding, failure to yield to pedestrians, parking in traffic lanes and distracted driving.

Distracted driving law and negligence in New York

Published on: November 28, 2015 | By Jeff DeFrancisco

In our last post, we began speaking about recent data showing an increase in car accidents in the first half of 2015, which may be partly due to increase cell phone use. As we noted, distracted driving is a problem every state is currently grappling with, using a variety of means.

In terms of distracted driving legislation, most states have a special statute aimed directly at cell phone use by drivers. These laws vary from state to state, both in how cell phone by drivers is regulated and how police officers may enforce the laws. Here in New York, the law is fairly straightforward in both of these respects.

First of all, New York prohibits drivers of all ages from texting while driving. Texting is probably the distracted driving activity most banned among the states, and for good reasons. The texting ban is classified as a primary law, meaning that police officers may enforce the law even when there are no other violations. Secondary laws, by contrast, may only be enforced when there are other violations. Second, New York law bans the use of handheld devices by drivers of all ages. This is also classified as a primary law.

Could NHTSA data point to increase in cell phone use by drivers?

Published on: November 27, 2015 | By Jeff DeFrancisco

Recent data released by the National Highway Transportation Safety Administration showed there was an 8.1 increase in the number of fatal accidents in the United States in the first half of 2015 following a decrease in 2014. The increase was reportedly the biggest six-month jump in traffic fatalities reported since 1977.

It is speculated that the widespread use of smartphones may have had some role in the increase, though officials have said it is still too early determine exactly what factors are behind the increase. Regardless of what exactly was behind the increase, it is well known that cell phones continue to contribute to many accidents.

One reason for the prominent role of cell phones in car accidents is that they are a significant source of distraction for drivers. Even when a driver uses a hands-free device, talking on the phone while driving can significantly reduce the amount of attention a driver devotes to safe driving. Another reason is that the use of cell phones is so widespread. According to the Pew Research Center, almost two-thirds of Americans own a smartphone, which are particularly distracting when used for texting or surfing the Internet.

Is Congress not doing enough to prevent trucking accidents?

Published on: November 27, 2015 | By Jeff DeFrancisco

The number of individuals expected to die in trucking accidents during the coming year exceeds the numbers of those who have died in commercial airline accidents during the past 45 years. According to a New York Times opinion piece, there is increased suspicion that the trucking industry is getting off too easily when accidents occur. And there are concerns that Congress is not creating the kinds of regulations that will help improve these circumstances.

Recently, Congress has made proposals allowing for truckers to work a maximum of 82 hours per week rather than 70 hours of work over an eight-day period. House members also apparently have discouraged the Federal Motor Carrier Safety Administration from making investments in wireless technology used to monitor drivers and their trucks. Congress has shown a willingness to approve of heavier and longer trucks used upon the roads which will create dangers. And there has been discussion of reducing the minimum age of drivers who travel interstate from 21 to 18.

Truck crash fatalities rose 17 percent from 2009 until 2013. While deaths due to truck fatalities rose during these four consecutive years, car drivers, truck drivers and passengers are commonly the victims of such crashes.

Many anesthesia errors occur in non-operating settings

Published on: November 26, 2015 | By Jeff DeFrancisco

Many of us may be unaware that a large portion of medical malpractice claims result from negligence occurring outside of the operating room. This includes mistakes made during the administration of anesthesia. There are conflicting results in studies concerning the number of operating room and non-operating room anesthetic complications. But it appears clear that the number of anesthesia mistakes made in a non-operating room setting is significant.

One disturbing finding found in one study was that substandard anesthesia care more frequently involved non-operating room cases. Such cases generally resulted in larger verdict or settlement payments than operating room cases.

Though generally practitioners involved in applying anesthesia in non-operating settings are well-qualified professionals, mistakes made under these circumstances can often be extremely traumatic. Too often, the medical personnel most needed when anesthesia complications arise in non-operating settings are not available to provide the necessary assistance. Also, in some circumstances the necessary equipment to assist distressed patients is lacking.

Top Four Reasons Injured Patients File A Med Mal Lawsuit

Published on: November 22, 2015 | By Jeff DeFrancisco

Much is said and written regarding medical malpractice lawsuits. To some, medical malpractice lawsuits are hurting the practice of medicine in New York. These people often note that New York had the highest number of medical malpractice claims paid out in the U.S. over the last decade. To many others who are familiar with medical malpractice lawsuits, recent laws have made it more difficult than ever for legitimately injured patients to get legal and financial help with their recovery. They argue that the overall number of medical malpractice claims has decreased steadily over the last decade.

For injured patients, however, the biggest concern is not the overall state of New York’s healthcare or insurance systems. The relationship between a doctor or surgeon and patient is an intimate, trusting one. And nothing is more important to patients than their health and the health of their families. Medical malpractice lawsuits are therefore very personal, and filed for very personal reasons.

With that in mind, here are the top four reasons patients file medical malpractice lawsuits:

Spinal cord injuries in the United States: facts to consider

Published on: November 15, 2015 | By Jeff DeFrancisco

When someone suffers a spinal cord injury, it can be life-changing. While in some cases, this type of injury can lead to sudden death, others are left to deal with the tragic injury the rest of their lives.

According to the National SCI Statistical Center, spinal cord injuries fall into several categories, including incomplete and complete tetraplegia, and incomplete and complete paraplegia. The most common type since 2010 is the incomplete tetraplegia.

Statistics also show that the age of the person who suffers a spinal cord injury has increased since the 1970s. Back then the average age was 29 years old. Now that number has risen to 42. Not surprisingly, about 80 percent of all new spinal cord injury cases happen to men.

Failure to diagnose man’s cancer resulted in “fatal consequences”

Published on: November 13, 2015 | By Jeff DeFrancisco

While we often talk about the different types of mistakes medical professionals make when caring for a patient, there is also a big concern when a medical professional fails to do something. In the case of one prison inmate in New York, this was a failure to diagnose that eventually led to his death.

Recently, a judge awarded the deceased man’s family with $1.75 million for the “extended physical and mental pain and suffering” endured by the man and his family. The judge found that the state, which was in charge of the man’s medical care while he was in prison, fatal consequences.”

In 2009 the man repeatedly complained about severe pain in his abdomen. He was initially diagnosed with kidney stones, and a physician recommended that he be seen by an urologist. While the doctors at the correctional facility were aware of the recommendation, they never referred him to the urologist. It was only in late 2011 when the man’s urothelial cancer was found and treated. Although he was cancer-free for a short time, the cancer returned in his lymph nodes in 2013 and he passed away in 2015 at the age of 58.

Truck accident cases can be extremely complex

Published on: November 12, 2015 | By Jeff DeFrancisco

There are many car accidents occurring across our country on a daily basis. Some may be just one-vehicle accidents with minor damage while others may involve several cars and a complicated pileup. We know that a lot of accidents occur on Interstate 90 and Interstate 81 near Syracuse, but we also have to take into consideration that some of these accidents involve semis. Large commercial trucks and semis use these interstates to move products within New York and to other states.

Although some of the over-the-road drivers are very experienced at what they do, they still end up working extremely long hours. Those long hours and overnight drives can cause them to be fatigued, which could result in an unfortunate accident with another vehicle on the freeway.

So what happens when you are involved in a truck accident? Oftentimes the injuries that come from such an accident are tragic, either resulting in long-term disability or death. Weighing up to 40 tons, these trucks can cause a lot of damage to any vehicle that may be hit.

Can trespassers file a premises liability lawsuit?

Published on: November 11, 2015 | By Jeff DeFrancisco

In our last post we discussed the basics of premises liability in New York and what steps one should take when they are injured on someone else’s property. Although a premises liability lawsuit may seem like a difficult undertaking, it may be worth your while if you have suffered substantial injuries. Not only may you be dealing with piling medical bills but you also may be missing work as you recover from your injuries.

While some cases are pretty basic, with an injury happening on a property where you were invited to be, others become a little more complicated. For example, what if you were on the property illegally or the property owner was not aware that you were there in the first place?

In most cases, if you were trespassing on someone’s property, that individual doesn’t owe you a duty of care and will not be liable for any injuries that occurred on that property. This is even true if the owner knew about the dangerous conditions. But there are a few exceptions.