Syracuse Personal Injury Law Blog

Minimum trucking insurance requirements could be raised

Published on: April 4, 2015 | By Jeff DeFrancisco

In a number of our posts, we have highlighted the danger that semi-truck pose to motorists on the road. Since trucks are considerably larger than passenger vehicles, the chances of people in passenger cars being injured is quite high. Meanwhile, truckers are commonly not injured in these crashes.

Because of the high degree of liability, commercial truckers are required to carry at least $750,000 in liability insurance. With the rash of trucking accidents being seen over the last few years, it appears that legislators are poised to raise the minimum insurance requirement to $1 million. This has truckers up in arms.

According to insurer Prime Property & Casualty Insurance, the change is not necessary given that so few accident claims exceed $1 million. The company reports that of the 87,000 trucking accidents reported between January 2006 and March 2012 only 166 claims eclipsed the million dollar mark.

Can medical malpractice be based on faulty equipment?

Published on: April 1, 2015 | By Jeff DeFrancisco

In a number of our posts on medical malpractice matters, we focus on how a physician fails to act as doctor with comparable experience and skills would in treating a patient. Indeed, we bemoan physicians who miss on basic diagnoses or conduct operations on the wrong side of the body. We also criticize medical assistants who do not communicate or miscount equipment before or after a surgical procedure. However, not all medical malpractice instances are based on human error.

Yes, some malpractice (or negligence) cases can be based on faulty equipment. According to a medicaldaily.com article, a large number of surgical errors can be traced back to equipment malfunctions. This is an important element to consider when human error is believed to be the main culprit in a malpractice matter.

An element in the notion of reasonable care in surgical settings is to make sure that all equipment is ready, available and functioning properly. This is why a majority of hospitals follow strict protocols in preparing for procedures. However, if the equipment being used is not up to standard, the hospital could still be held liable if assistants do not perform reasonable checks are not performed.

Can driverless cars be safely integrated into mainstream society?

Published on: March 28, 2015 | By Jeff DeFrancisco

Driverless cars are coming. They are eventually going to be a mainstream part of our streets, highways and express ways. How soon they come is up for debate. But what is also not decided is how driverless cars will co-exist with cars that are driven by human beings.

Indeed, the whole notion about driverless cars being safer than cars driven by humans does have some truth to it. After all, autonomous cars don’t get intoxicated and have their judgment impaired by alcohol. They don’t succumb to road rage and drive aggressively in order to show who’s boss. They also don’t make mistakes regarding the interpretation of the rules of the road. So with these in mind, riding in a driverless car should be exceptionally safe.

But there are two things that may debunk this notion. First, the market may not fully embrace the ability to have fully autonomous cars. Remember how it was expected that the Segway was supposed to eliminate pedestrian traffic? Now the only people who use them are mall cops and people on dedicated tours. It may be that people enjoy the individual freedoms of driving at their own speeds and on their own terms. This is what the American auto industry is built on. So people may not embrace fully automated cars.

Understanding product liability claims

Published on: March 28, 2015 | By Jeff DeFrancisco

Product safety should be a top priority in every industry. Unfortunately, dangerous and defective products still surface regularly across the country. Last week, for example, a prominent U.S.-based manufacturer of children’s car seats settled a lawsuit involving defective safety buckles. The manufacturer agreed to pay $3 million in fines and invest $7 million toward enhanced safety programs.

Defects in manufacturing are not the only type of product liability claim. Dangerous products can also involve an unsafe design or inadequate warnings.

In any type of product defect claim, experienced legal representation can hold the keys to success. These claims are extremely complex. They may involve multiple defendants – perhaps not just the manufacturer, but also the product designer, supplier or distributor. The claim may involve theories of negligence, breach of warranty or both. Proving liability often requires obtaining expert testimony regarding structural aspects, manufacturing processes or engineering issues that contributed to the defect.

Brain bleeds in fetuses and newborns can be discovered

Published on: March 27, 2015 | By Jeff DeFrancisco

Caring for fetuses and newborns is very important for obstetricians and neonatal nurses. Part of this care includes monitoring the birthing process to ensure that major issues are not missed. One of the hidden dangers of childbirth is internal bleeding within the child’s brain. This is a serious condition that can result in substantial neurological impairment and even death.

This is why when babies are born, their blood is tested to measure platelet levels to ensure that internal bleeding has not occurred, and so that the child has the ability to stop bleeding. Newborns with low platelet counts are given transfusions to improve those levels.

It was conventionally believed that only low platelet levels were responsible for brain bleeds, but new research shows that attacks on a newborn’s immune system could lead to such issues. Research highlighted in a medicalnewstoday.com report suggested that the difference in antigens between the birth mother and the child could lead the mother’s immune system to attack the fetus’ system. In these instances, close monitoring during and after the birth is necessary.

Phones and other distractions lead teens to accidents

Published on: March 26, 2015 | By Jeff DeFrancisco

It’s been a number of years since distracted driving became a national safety issue; specifically, talking on cell phones and texting while driving. Since then, more than 30 states have enacted laws limiting cell phone use while behind the wheel, and they have enacted rules detailing how teen drivers may drive.

Essentially, young drivers may not use cell phones at all when behind the wheel, and they may only drive at certain times of the day. Despite these rules, teen drivers still use their cell phones while driving; but it was always difficult to track how many young drivers actually do so. After all, police reports (created after an accident) may not always detail whether a driver was distracted by using a phone (or any other reason).

However, a recent study conducted by the AAA Foundation for Traffic Safety found that distracted driving was more of a problem among teen drivers than originally thought. Researchers reviewed nearly 1,700 dashboard camera videos that chronicled the moments before a teen driver was involved in a crash, and they found that these drivers were commonly distracted.

Blood test could differentiate viral and bacterial infections

Published on: March 26, 2015 | By Jeff DeFrancisco

One of the clinical paradoxes facing doctors is determining when to use antibiotics to treat bacterial infections. The difficulty arises because some viral infections are indistinguishable from bacterial ones. When a doctor chooses to prescribe an antibiotic out of sheer caution, it could result in the creation of antibiotic resistant superbugs. The failure to use them could put patients at risk of infections, which could result in hospitalizations and increased healthcare costs.

Despite these difficulties, there are innovations coming that could help doctors in making informed decisions about how to treat patients. According to a medicalnewstoday.com report, a company has announced the results of clinical testing of a diagnostic blood test that would enable doctors to tell the difference between a bacterial and a viral infection.

The test deviates from common pathogen detection by relying on the body’s immune response to determine the cause of the infection. Essentially, there are three distinctive proteins are activated by viruses and bacteria. The test incorporates an algorithm that when integrated, can create a unique signature that helps doctors understand what the accurate cause would be.

Self-driving car to make cross country trip

Published on: March 24, 2015 | By Jeff DeFrancisco

Last month we wrote a post about the Detroit International Auto show and how automakers were showcasing concept cars that ostensibly give us a peek into the future. Part of this future includes self-driving cars, which automakers have hinted could be on the road by the end of this decade.

If you are a car enthusiast, or have purchased a luxury model in the past few years, you understand that there are elements of autonomous automobiles already in practice. They include park assist functions, intelligent cruise control modules and automatic braking systems, to name a few. Even with these advancements, testing is still being conducted in earnest regarding self-driving cars.

In fact, an Audi SUV is poised to make history by being the first self-driving car to make a cross country trip. The car, which is equipped with technology developed by Delphi Corp. has reportedly been tested on the streets of California and Nevada, but a long distance road trip will be the car’s ultimate test. Essentially, the car will drive on its own, but an engineer will be behind the wheel and ready to take over in the event of an emergency.

Children of Wal-Mart crash victim to receive $10 million

Published on: March 21, 2015 | By Jeff DeFrancisco

Since the horrific crash last summer involving comedian Tracy Morgan and his entourage and a truck driven by Wal-Mart, we have written a number of posts on trucking accidents and what you can do to help your attorney in resolving a case. After all, helping people get compensated for their injuries and losses after a truck accident is why we are in business. So we are proud when we see people receive their due in the face of negligent actions.

Such is the case with the children of the late James “Jimmy Mack” McNair. He was killed in the accident. According to a recent ABC News.com report, Wal-Mart has reached a settlement with McNair’s heirs where the retailer will pay $10 million to his two children. Normally, these settlements are confidential, but the figure was disclosed as part of papers filed in Surrogate’s Court in Westchester County, which was where McNair lived before the crash.

McNair’s two children are ages 26 and 19, respectively and are reportedly putting part of the settlement towards annuities that will pay increasing monthly amounts over time for the rest of their lives, beginning at $3000 per month.

Three things to do before meeting with an attorney

Published on: March 20, 2015 | By Jeff DeFrancisco

After being in an accident involving a semi-truck, it is likely that you just want to thank your lucky stars that you are able to walk away from the accident without losing your life. After all, semi-trucks are the largest and most dangerous vehicles on the road, and they can weigh as much as 40,000 tons. So being in a crash with one of these vehicles does not bode well for someone in a passenger car.

Nevertheless, these crashes happen. And if you are going to meet with a personal injury attorney to handle your case, there are several things you want to have to prepare for an initial meeting. This post will highlight a few of them.

Personal details about you – Of course, you lawyer will want to know some basic things about you, including who you work for, whether you have missed time from work, whether you have auto or health insurance and whether you had previously been in an accident.