Syracuse Personal Injury Law Blog

Wal-Mart reportedly settles injury lawsuit with Tracy Morgan

Published on: May 28, 2015 | By Jeff DeFrancisco

It has been 10 months since a horrific accident on the New Jersey Turnpike changed several lives forever. Tracy Morgan and several members of his entourage were seriously injured when a semi-truck owned by retail giant Wal-Mart plowed into their limousine van. In addition to the injuries sustained by the parties, the crash killed one of Morgan’s closest friends, fellow comedian James “Jimmy Mack” McNair.

In a prior post we highlighted the settlement Wal-Mart reached with McNair’s family; essentially a $10 million settlement that will be paid in increasing increments to McNair’s surviving children as they grow older.

Morgan filed a separate lawsuit seeking compensation for his injuries, which included multiple broken bones and a traumatic brain injury. His recovery (how slow it has become) has been well chronicled. On top of that, we have highlighted in prior posts Wal-Mart’s stance on the issue; basically that the company believes that the injuries were a result of Morgan and the other injured parties failing to wear seatbelts.

Why you should be aware of the 100 deadliest days of summer

Published on: May 27, 2015 | By Jeff DeFrancisco

We hope our readers had a wonderful Memorial Day weekend. With the holiday passing, many people are going back to work, but with the unofficial start of summer already past, summer vacation is approaching for many teen drivers and college students.

For young drivers, nothing beats the freedom of the summer. After all, the days are longer, the weather is warmer and there is no school (or at least not through the entire day). With that, there is much more time to hang out with friends and take car rides to places they would not usually go during the school year.

This is why law enforcement agencies across the state call the time between Memorial Day and Labor Day the 100 deadliest days of summer. Essentially, the number of traffic accidents (and unfortunately) fatalities involving young drivers increases during the summer months. In fact, more than half of the people who lose their lives in auto accidents during this time of year are young people.

When can I bring a medical malpractice suit?

Published on: May 26, 2015 | By Jeff DeFrancisco

Medical malpractice cases are not easy cases to bring. There can be obstacles in proving that a doctor failed to act as a doctor with similar knowledge and experience would in similar circumstances. One of the primary issues in bringing a medical malpractice case is actually knowing whether you have been harmed by a doctor’s mistake.

After all, most people trust their doctors; even to a fault. Also, as time goes by after a surgery or other diagnosis, a patient may not even realize where their ailment emanates from. Because of this, it is important to remind our readers about the limitations that exist in bringing a medical malpractice claim.

According to medical malpractice law in New York, such a suit must be brought within 30 months of the alleged event that caused a person’s harm. Unlike many states, New York’s medical malpractice statute of limitations is based on when a patient was last treated; instead of when the prospective plaintiff discovers (or should have discovered) the doctor’s error. Because of this difference, a potential plaintiff may have a limited time to bring suit in New York compared with other states.

Motorcycle safety on Memorial Day weekend

Published on: May 24, 2015 | By Jeff DeFrancisco

Memorial Day weekend brings out people not only in cars and SUVs, but also on motorcycles. As we alluded to in earlier posts, the volume of traffic on the roads this weekend strongly suggests that the chances of accidents will be higher than usual.

When considering how this will affect motorcycle riders, it is important to know that riders must be more vigilant compared to other times of the year. With that said, we offer some critical safety tips to that can help keep motorcyclists safe.

Be defensively vigilant – More often than not, the driver of a car is at fault in car-motorcycle accidents. Because of this, riders must be wary of cars that may change lanes without signaling or pull out from driveways without looking both ways. Additionally, making sure to keep safe distances from cars can help in giving that extra time to react to hazards.

Should medical device makers be held liable in malpractice cases?

Published on: May 23, 2015 | By Jeff DeFrancisco

With more intricate surgical procedures becoming technology dependent, it is becoming important for medical malpractice law to catch up, so that it could deal with the potential health problems that can come from technological defects.

In prior posts, we have noted that medical malpractice is not always based on a physician’s error or negligence. The case involving a da Vinci surgical machine is a prime example. In a separate medical malpractice case emanating from surgical complications, an injured patient attempted to include the device maker along with the hospital and the offending surgeon.

However, a district court judge believed that the device maker should not be included. After all, it was determined that a medical device maker could not be responsible for the actions of a poorly trained physician. Nevertheless, the decision has sparked a debate over whether devices should meet credentialing standards similar to what doctors must procure.

Auto safety tips for Memorial Day Weekend

Published on: May 21, 2015 | By Jeff DeFrancisco

If you can’t believe that Memorial Day weekend is upon us…believe it. Yes, 2015 appears to be flying by, and with the unofficial beginning of summer this weekend, the summer driving season also begins with earnest.

Keep in mind that a greater number of people will be on the road this weekend. It is estimated that more than 30 million people will travel at least 50 miles away from their homes. With more people on the road, the greater the potential for accidents. So drivers must beware. This post will provide some helpful tips as you plan your getaway.

Stay cool while behind the wheel – With all the cars on the road (especially on Friday), and traffic being heavy, you can expect hot-tempered, ornery drivers who may be ready to take revenge if you upset them. At the same time, these drivers may get under your skin. Resist the urge to retaliate.

Will automakers be ready to deliver self-driving cars by 2020?

Published on: May 19, 2015 | By Jeff DeFrancisco

In prior posts, we have noted that some automakers have made it a goal to introduce a driver-less car by the end of the decade. While we understand that this is a lofty (yet achievable ) goal, there is still a great deal of research and development to do before we see these cars on the road. After all, these goals were part hypothetical and part hype that went with auto show displays.

However, one automaker has stepped forward and has announced definite plans to have a car ready by 2020. Nissan Motor Corp announced that it will have cars “packed” with autonomous driving technologies that year; but whether consumers will be able to take advantage of them depends largely upon whether government regulations will allow them.

Regulatory guidelines will undoubtedly be a huge part of whether driverless cars will be on the road at the end of the decade, since there must be rules governing whether there must be a human behind the wheel should the autonomous technology fail. In a prior post, we noted the danger of such technology being hacked and how it could lead to vital functions being compromised. Imagine what could happen if a remote hacker took control of a car’s acceleration or braking systems?

Common questions in birth injury cases

Published on: May 18, 2015 | By Jeff DeFrancisco

When a child is born, it is commonly a joyous occasion. After all, a birth is one of medicine’s miracles; especially with all of the things that can go wrong during a pregnancy and during a birth. However, and unfortunately, bad things can happen.

Yes, children can be affected by birth injuries and birth defects. When they occur, there are naturally a bevy of questions that parents may have. If you feel like your questions may not be valid or are highly unusual, fear not. They probably are not. With that, we highlight some of the most common questions about birth injuries.

What is the difference between birth injuries and birth defects? – A birth injury is likely due to something going wrong (usually negligence) during the birth, while a birth defect may have occurred prior to the birth and during the pregnancy.

Takata airbag recall expands after leaks discovered

Published on: May 15, 2015 | By Jeff DeFrancisco

The growing crisis involving Takata airbags is reaching the proportions that the General Motors ignition switch issue reached last year. For those who do not own a GM vehicle, the recall involving defective ignition switches (which could turn off a car’s engine and electrical functions) affected millions of vehicles in the United States and Canada. The issue went unabated for years and even led to GM being fined a record amount of money for not acting quickly or prudently in addressing the issue.

Also last year, the National Highway Traffic Safety Administration issued a frantic and dire warning to car owners in the southeast and mid-Atlantic states over concerns that Takata airbags could harm consumers by sending shrapnel like metal fragments into drivers and passengers when they inflate. The alarm led to thousands of cars being recalled from the likes of BMW, Honda, Toyota and Mercedes-Benz.

Over the past few months, more cars have been added to the recall; and recently, it was expanded once again, but for a different reason (and defect). According to an ABC News.com report, the new defect involves a leak that can occur when the car is in motion that could cause a rupture in the airbag casing, which would cause the airbag to explode.

Autonomous cars in accidents during testing

Published on: May 14, 2015 | By Jeff DeFrancisco

If there is one thing that is certain about the auto industry, self-driving cars are coming. The only questions about these vehicles are when they will be released to the public, and when they will become mainstream. A number of automakers are diligently working on offerings that will enable a driver to use extended autonomous features.

For instance, in a prior post, we highlighted the maiden cross country voyage of an Audi that was scheduled to have a driver stand in for emergencies while the car travelled from California to New York.

While autonomous cars are being ushered in for the future because of their relative safety, there have been a number of self driving cars that have been in accidents. According to a FoxNews.com report, a number of self driving cars have been in accidents. According to the California Department of Motor Vehicles, there have been four accidents. The department has not commented on the accidents.