Syracuse Personal Injury Law Blog

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.

Three important safety tips for motorcycle riders

Published on: May 13, 2015 | By Jeff DeFrancisco

If you follow our blog and have seen an increase in posts involving motorcycles, there is a reason for it. May is motorcycle safety month, and we feel it is prudent to remind our readers of the dangers surrounding bike rides.

Yes, riding a motorcycle can be exhilarating. The quick acceleration, the maneuverability and wind rushing by can be intoxicating. There is nothing like the freedom of being on a motorcycle, but riders must be especially careful during this time of year. Believe it or not, but drivers are still getting used to seeing motorcycles on central New York streets and highways.

With that, we offer a few safety tips that riders of all types of motorcycles can take advantage of.

Could automotive technology be hacked?

Published on: May 12, 2015 | By Jeff DeFrancisco

Let’s face it; the ability to have your vehicle be its own 4G wifi hot spot can be a cool idea. The Chevrolet commercial with the children planning mom’s surprise birthday party while she quickly drops off her dry cleaning should be enough of an example to entice even the most conservative buyer. This is an extension of wireless technology that allows vehicles to be turned on and off, locked and unlocked, as well as stopped.

However, what these buyers may not know is that there is a hazard with wireless technology. No, it is not the potential for distracted driving. Rather it is the potential for hacking. Imagine a vehicle being infiltrated electronically so that it can suddenly accelerate, turn, and operate the headlights without the driver’s knowledge or permission.

Congress is aware of this concern, and during a hearing where automakers were asked about these concerns the responses were surprising. Essentially, automakers had not made any provisions for protecting these technologies according to a report generated by a Massachusetts senator and reported by the Associated Press.

Should motorcycles talk to each other?

Published on: May 11, 2015 | By Jeff DeFrancisco

In a prior post we highlighted how a motorcycle rider’s GoPro camera captured a near fatal accident where another rider did not see him and barreled into him. It remains to be seen why the other rider did not see the crashed motorcyclist; as it is much more common for drivers to fail to see motorcycles.

But what if motorcycles talked to each other? Indeed, the notion of vehicles talking to each other may seem far-fetched right now. But with the prospect of self-driving vehicles growing every year, it is more likely that motorcycles will talk to each other too.

Part of the safety features that come with autonomous driving features is the ability for cars to exchange information about location and speeds so that collisions can be avoided. The technology is being developed so that cars can see and detect each other, but being able to see motorcycles would be beneficial as well. After all, the common claim (or statement) by drivers is that they did not see the motorcycle before a crash.

Do you need to replace your car seat after an accident?

Published on: May 7, 2015 | By Jeff DeFrancisco

There’s no question that a car accident can be jarring. But even after the initial shock, the thoughts of anger and worry may set in check to see if everyone is alright. Of course you may be thanking your lucky stars that you (or your children) were not injured further in the crash, and you know that your car may need to be repaired, but you may have questions about hidden safety issues after a car accident.

While an auto body repair shop can give you some insight on structural damages and advise you on whether the vehicle can be declared a total loss, it may not be able to advise you on whether your child’s car seat must be replaced. Nevertheless, the National Highway Traffic Safety Administration has provided some tips to help you decide whether a new car seat will be necessary.

– If you were able to drive your car away from the accident scene, chances are that the car seat did not sustain any severe damage.

Three ways a patient can protect themselves from malpractice

Published on: May 6, 2015 | By Jeff DeFrancisco

In a number of our posts, we have noted how medical malpractice is one of the leading causes of death in hospitals. Indeed, there is much that can be done on the physician’s side that can prevent such deaths (especially through misdiagnoses), but patients can also protect themselves from doctors who deviate from established protocols or who do not take adequate time to properly diagnose a condition.

This post will identify a few steps patients can take to stand up for themselves and avoid the potential for medical malpractice.

Educate yourself – In the past, knowledge on medical conditions used to be scarce. Only a trip to the library or having a personal relationship with a doctor would help in learning about your condition. Now, a quick search on the Internet can bring you enough knowledge to help you understand what you need to know.

NHTSA administrator concerned about higher truck speed limits

Published on: May 5, 2015 | By Jeff DeFrancisco

With a number of states raising speed limits in rural areas, the National Highway Traffic Safety Administration is becoming concerned with the speeds that semi trucks may be travelling. Mark Rosekind, who took over as administrator of the agency in December 2014, believes that the new laws could be a recipe for disaster.

He believes that many tires used on semi trucks and trailers were not designed to travel at speeds higher than 75 miles per hour. He fears that if such tires are used at these speeds for extended periods of time, a substantial amount of heat could build up and cause them to fail. He believes that tire manufacturers never intended for tires to be driven at such high speeds, and that a blown out tire could lead to a horrific accident.

The concerns are ostensibly linked to aninvestigation into an accident in rural New Mexico where a truck travelling above the 75 mile-per-hour speed limit blew a tire and rolled onto its side. Fortunately, no one was injured. Investigators blamed the crash on the truck owners (and not the tire manufacturers) because the tires were found to be under-inflated. However, the investigator on the matter noted that it was likely that the speed limit for the region was higher than what the tires were designed to travel.

GoPro camera captures motorcycle rider’s crash

Published on: May 4, 2015 | By Jeff DeFrancisco

It should go without saying that motorcycle accidents are scary experiences. Imagine speeding down the road at more than 70 miles per hour when something goes wrong. You may not have any options as you lose control and you crash.

It may be difficult to fathom the horror and despair that comes with being in such an accident, but a recent HuffingtonPost.com report may give some perspective. A motorcycle rider in California had his helmet camera rolling as he rode through the Los Angeles Crest Highway when he swerved to avoid an oncoming rider.

Thankfully the motorcycles did not crash into each other, but the rider lost control and crashed; his GoPro camera catching everything as it happened. The rider injured his ankle, foot and knee; but it is the quest to find the offending rider that is newsworthy.

Why some brain injuries are assessed and treated differently

Published on: April 30, 2015 | By Jeff DeFrancisco

In a number of our posts, we have noted that not all brain injuries are the same and that different treatments may be necessary depending on the injury. Through this post, we will briefly explain why that is.

Essentially, the brain is made up of neurons that form nerve tracts that carry messages from certain parts of the brain to the body. These messages help in carrying out a number of bodily functions, including, but not limited to, body movements, balance, personality, memory and heart rate. For all of these functions to work in concert, the brain has to be fully functional. If a part of the brain is injured, one or a few functions may not work properly.

Additionally, the brain is divided into several sections, called lobes. Each lobe is responsible for carrying messages to regulate a particular body function. For instance, the frontal lobe carries messages regulating attention, concentration, awareness, inhibition and emotions. Similarly, the parietal lobe manages sense of touch, differentiation of colors, vision and depth perception. Further, the cerebellum lobe controls, balance and motor skills.