Syracuse Personal Injury Law Blog

Why peephole drivers are dangerous

Published on: January 8, 2015 | By Jeff DeFrancisco

It’s no secret that drivers sometimes feel like their cars are fortresses; almost like they are in their own little world within their steel frame and four wheels. Indeed, cars are not necessarily rolling fortresses, with small peepholes to greet people who come forward. However, when snow and ice collect on windshields and windows, some drivers, in their haste to get from Point A to Point B, they may only scrape of just enough space to see the road ahead.

Of course, this practice, called “peephole driving” should be viewed as clear negligence (pardon the pun). There is much more to see than what a driver can see through a letterbox view due to snow and ice. For instance, the surrounding sides and rear of a vehicle may not be seen without debris being properly cleared. As such, a driver may not see hazards (such as another car) before it is too late.

From a legal standpoint, drivers in upstate New York have a duty to use reasonable care while operating a motor vehicle. A part of this involves clearing off one’s vehicle so that they may properly see out of all windows. If such a failure is found to be the proximate cause in an accident, the offending driver could be held liable for the ensuing injuries and property damage.

Why medical malpractice may not always be based on human error

Published on: January 8, 2015 | By Jeff DeFrancisco

In a number of our posts, we have highlighted the notion that some physicians believe that they are not mistake prone. Essentially that there is a culture that doctors should not confront their colleagues about mistakes made in treating (or diagnosing) patients. This rigidity about making (or being accountable) for mistakes is particularly troubling, especially when the specter of human error is simply a part of life.

But what happens if human error is not the cause of an adverse medical outcome? What if such an outcome is the result of faulty equipment?

This is a question that may come up in the midst of a medical malpractice investigation (much less a lawsuit). In order for a plaintiff to prevail in a malpractice action, he or she must show that but for a doctor’s negligence, the injuries or ailments the plaintiff now suffers from would not have occurred.

Why properly screening head injuries is important

Published on: January 8, 2015 | By Jeff DeFrancisco

While we have written a number of posts on injuries suffered through auto accidents, it is also important to realize that head injuries (particularly concussions) can be suffered through a number of ways. In fact, more than two million people will suffer head injuries severe enough to send them to the hospital this year.

Traumatic brain injuries can be suffered through car accidents (i.e. heads hitting dashboards or windows), through sports injuries (particularly football and cheerleading accidents), and most notably, falls. Given the icy conditions that we live in, falls on slippery surfaces are common this time of year.

However, being able to properly diagnose brain injuries is of particular importance. Besides traditional bumps and bruises, it may be difficult to ascertain whether a person has suffered such an injury because of the subtle ways it may manifest itself. As we have mentioned in previous posts, not all people react the same way to head trauma. Some may have irregular sleep patterns, others may have intermittent headaches and others may have significant mood changes.

Why drivers should be aware of ice missiles

Published on: January 7, 2015 | By Jeff DeFrancisco

If you live in upstate New York, driving in the snow is a part of life during the winter months. Of course, being able to navigate snowy roads is important, and knowing how to avoid accidents on icy roads is also critical. Nevertheless, the following post on ice missiles is something that every winter driver should be aware of.

No, we are not talking about some weapon that “Mr. Freeze” would be conjuring up to terrorize citizens of Gotham City. Instead, we refer to the pieces of snow and ice that may remain on the tops of semi trucks and trailers. And when a truck goes down the freeway after not having a trailer cleaned off, pieces of snow and ice may fly off and into the windshields of cars following such vehicles.

An ice missile may not penetrate a car’s windshield, but it may create a blinding blanket of ice that may severely restrict a driver’s ability to see. This may also lead to an accident.

How to know when to get a new doctor

Published on: December 30, 2014 | By Jeff DeFrancisco

As medical malpractice attorneys, we hear a number of stories about doctors who make mistakes. Some of them are quite tragic, as they are errors that should never be made. Others are fairly common, as they are a reflection of disorganization or poor judgment.

Nevertheless, good physicians; or rather, good medical teams are not easy to come by. As such, it may be difficult to really know when you should move on and find new medical providers. With that, we dedicate this post to highlighting clues that should tell you when it is time to move on.

Your doctor doesn’t seem to care – Indeed, a doctor’s bedside manner is only one component of what makes him or her a great physician, but your doctor has to care about your ailments. If your doctor appears less than concerned about your issues, or dismisses your claims, it may be time to find a new doctor.

Car accident injuries you may have questions about

Published on: December 28, 2014 | By Jeff DeFrancisco

In a prior post, we highlighted the possibility that drivers in our region could be involved in a car accident. During this time of year, the convergence of poor weather, higher volumes of traffic (commonly around shopping centers), and drunken drivers can make the holiday season dangerous. Because of this, drivers must be especially vigilant in order to avoid car crashes.

But sometimes, an accident cannot be avoided and drivers and passengers may be injured. With that, this post will highlight some of the common injuries suffered.

Back and neck injuries – If you know anything about neck injuries, you have probably heard of whiplash; the violent action of a person’s head going forward then back in the midst of a crash. This puts substantial strain on a person’s neck. Additionally, a person can suffer serious back injuries in a crash due to the same action.

What is the recovery process after a brain injury?

Published on: December 24, 2014 | By Jeff DeFrancisco

Brain injuries are arguably the most serious and life altering injuries a person can suffer. Because the brain controls so many functions (physically and emotionally) and is not tested as often as other parts of the body, researchers are only scratching the surface with understanding how the brain works and who it may heal over time.

With that said, this post will highlight some of the common issues and milestones that brain injury victims may encounter.

Cognitive experiences and problems – Because swelling, bleeding and tissue damage, the brain may not function as it did before. This may lead to inconsistent brain functions, which may lead to different states of consciousness. A person may be in a coma or a minimally conscious state.

Could defective coffeemakers lead to injuries?

Published on: December 24, 2014 | By Jeff DeFrancisco

If you are fortunate enough to find a new Keurig coffeemaker under your tree on Christmas morning, you may have to promptly bring it back to the store. According to a recent ABC News.com report, Keurig has issued a recall for its Mini Plus Brewing Systems. The recall could affect nearly 7 million machines sold in the United States and Canada.

Keurig reports that it has received 200 complaints of machines overheating and spraying water while it brews coffee. Additionally, 90 people reported suffering burns because of faulty brewers.

Indeed, we have written a great deal this year about recalls, primarily auto recalls due to faulty airbags, ignition switches and even wiper blades. However, the same duty of care with regard to informing consumers about defective products applies to coffeemakers as it does automobiles. Essentially, a manufacturer has a duty to ensure that the products it offers for sale are safe for their intended uses. If it finds that a defect could put consumers in danger, it has a duty to keep consumers informed and to make appropriate changes.

Parents should beware of toxic toys

Published on: December 21, 2014 | By Jeff DeFrancisco

With this weekend being the last before Christmas, toy retailers such as Toys R Us are pulling out all the stops to get consumers into stores for one last shopping push before the big day. Basically, some stores pledge to be open continuously until Christmas Eve.

With all the focus on last minute shopping, we find it prudent to warn our readers about toys that may be hazardous to a child’s health. After all, more than 250,000 children wind up in emergency rooms each year because of injuries due to toys. Despite federal bans on hazardous chemicals that are included in some toys, there are still a number of products on the market that have lead, phthalates and chromium; all of which can be hazardous to a child’s health.

Also, there are a number of toys that can pose hazards to small children. Examples are toy pieces that toddlers can put in their ears and small magnets that can be swallowed, and loud toys that can damage a baby’s ears.

Super Saturday could be harmful to consumers

Published on: December 20, 2014 | By Jeff DeFrancisco

In what is poised to be the biggest shopping weekend of the holiday season, retailers appear to be ready to pull out all the stops to bring out shoppers. A number of stores are advertising their willingness to stay open continuously until Christmas Eve, and others are rolling out big discounts to get people off of their couches and into the stores.

In essence, it is almost like retailers are trying to top Black Friday sales, since this year’s bonanza appeared to fall flat given the additional spending money consumers should have given lower gas prices. But given the hype about “Super Saturday” we feel it prudent to discuss the obligations that retailers have to keep consumers safe.

Essentially, retailers are charged with taking reasonable care to ensure that consumers are not harmed as they shop on a retailer’s premises. This means that they must keep aisles free of debris and spills, heavy merchandise should be placed in areas where they will not fall on unsuspecting consumers and crowd control must be in place to ensure orderly ingress and egress from the store.