Car Accidents

New York Court Allows Plaintiff in Car Accident Case to File Otherwise Untimely Claim Based on “Relation Back”

Published on: January 4, 2019 | By Jeff DeFrancisco

Timeliness is very important in a New York automobile accident case. If a claim is not filed within the statute of limitations, there is a strong likelihood that it will be dismissed by the court on procedural grounds.

However, there are a few – a very few – exceptions to this general principle. One of these exceptions is based on a doctrine known as “relation back,” under which a late-filed claim can be “dated” as if it were filed earlier. However, this doctrine only applies to claims relating to a lawsuit that has already been timely filed.

Facts of the Case

In a recent case, the New York Court of Appeals was called upon to consider the various issues arising in three consolidated actions filed as a result of multi-vehicle accident that occurred in 2011. The accident happened when a vehicle (in which several employees of a certain business were riding) stalled on a bridge. That car was struck from behind by a second car, which was then hit by a third car. One of the passengers in the first car died from injuries suffered in the wreck.

Brooklyn Bicyclist Killed in a Hit-and-Run Accident

Published on: December 31, 2018 | By Jeff DeFrancisco

No matter how careful you are and how much protective gear you have on when you ride your bicycle, a negligent motorist can hit you at any time. If this has happened to you or someone you know, you need to seek the help of a skilled Syracuse personal injury lawyer who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand the devastating impact that a bicycle accident can have on the victim and his or her family.

Law enforcement are investigating a hit-and-run accident that took place in Brooklyn and left a bicyclist dead recently. The 21-year-old victim was riding in a bike lane parallel to a truck as both approached the road. The truck allegedly made a right turn and hit the bicyclist, dragging the bicyclist for several feet before driving off. The victim was on an electronic bike and was wearing a helmet at the time of the wreck. Tragically, he was pronounced dead at the scene of the incident. Police are still looking for the truck and have mentioned that the truck driver may not have known that he hit the cyclist.

Liability for Bicycle Accidents

Bicycle accidents can leave individuals seriously injured, in some cases, even restricting their mobility permanently or causing death. If you have been in a bicycle accident caused by someone else’s negligence, you may be able to sue the at-fault party. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same or similar circumstances. The behavior typically consists of actions but can also involve omissions, namely when a person fails to act when they have a duty to do so. To establish negligence, the party filing the lawsuit has the burden of proving the following: the defendant owed the bicyclist a duty of care; the defendant breached the duty of care owed to the bicyclist; and the defendant’s breach was the direct cause of the bicycle accident and the bicyclist’s resulting harm.

20 People Killed in Upstate New York Limo Crash

Published on: October 5, 2018 | By Jeff DeFrancisco

Limousine accidents can result in catastrophic, even deadly injuries. If you or somebody you know was hurt in a limousine accident caused by carelessness or negligence, we believe we can help. Our trustworthy Syracuse personal injury attorneys will thoroughly investigate the crash and hold the responsible parties accountable. We know this process sounds daunting but you can trust that we will take care of each and every legal matter in your case so you can focus on your recovery.

Earlier this month, twenty people were killed following a limousine crash in Schoharie, New York. The limousine was headed to a birthday party when it failed to stop at an intersection and struck a parked vehicle. All seventeen passengers in the limo as well as the limo driver died instantly. In addition, two pedestrians near the unoccupied parked car were killed. There are still many unanswered questions about the cause of the crash. One thing is clear, however, the limousine had recently failed state inspection and was not supposed to be on the road at the time of the accident. In addition, the limo driver did not have the appropriate commercial driver’s license to be driving the limousine. As the investigation continues, these factors will undoubtedly be relevant.

Syracuse Electric Car Accident Attorneys

Published on: September 4, 2018 | By Jeff DeFrancisco

Environmental concerns and high gas prices make electric cars a desirable option. It is no wonder electric cars are becoming more and more popular in New York and across the United States. If you have been injured in an accident involving an electric car, you may be able to recover compensation for your harm. Our Syracuse auto accident attorneys will examine the facts of your case and help you explore your legal options.

Tesla Model 3 Earns a Perfect Safety Rating

The Tesla Model 3 earned a perfect 5-star rating from the National Highway Traffic Safety Administration’s (NHTSA) assessment. The rear-wheel drive version of the car got perfect marks for front and side impact protection and rollover prevention. NHTSA also noted that the vehicle comes with a full suite of electronic safety aids, including crash warning, automatic emergency brakes and land departure warning, though none of these features were used during the crash tests. The Model 3 follows in the footsteps of the Tesla’s Model S and Model X, both of which also received five-star ratings in the past.

Liability for Electric Car Accidents

With innovations made by companies like Tesla, we are seeing a rapid rise in the number of electric cars on the road. Many of these vehicles have self-driving features that can be very appealing, but, because they are so new, they can also have glitches that can lead to a serious accident. Of course, pinpointing the cause of an accident can be complicated.

Labor Day Traditionally Sees Spike in Auto Accidents in New York

Published on: August 15, 2018 | By Jeff DeFrancisco

If you or a loved one has been injured in a car accident, the Syracuse car accident attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can help. With years of experience representing New York clients in their personal injury claims, we can help you as well. Auto accident cases can quickly get complicated, and having the right attorney on your side can make all of the difference in your case.

An average of 10 people were killed each day between Memorial Day and Labor Day in crashes involving teen drivers last year, according to the AAA. Known as the so-called “100 Deadliest Days” of the year for driving, the time span between Memorial Day and Labor Day seems to show a 14 percent increase in deadly accidents involving at least one teenage driver as compared to the rest of the year. There is a 22 percent increase in the average number of nighttime crashes involving teen drivers during the same time frame when compared to the rest of the year. Under New York law, teenagers with a learner’s permit or junior license are not legally allowed to drive unsupervised from 9 p.m. to 5 a.m. In addition, junior license holders cannot have more than one unrelated passenger under the age of 21.

Teens are not the only ones who see spikes in accidents around this time. According to the National Highway Traffic Safety Administration, Labor Day averaged 308 fatalities per year over 2011 to 2015. Sadly, the stretch between Washington, D.C. and New York has the highest incidence of deadly accidents on any given holiday weekend.

Speeding Collisions in New York

Published on: July 30, 2018 | By Jeff DeFrancisco

Speeding accidents can cause serious injuries, and in some tragic cases, fatalities. If you or a loved one was injured in a car accident involving a speeding driver, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to holding negligent drivers accountable for the harm that they cause. Time is of the essence in these cases so it is important to act quickly after a New York collision.

Speeding is one of the top contributing factors of car accidents. According to the National Highway Traffic and Safety Administration, approximately 35,092 people died in traffic accidents in 2015. Data shows that almost one in three fatalities involved drunk drivers or speeding. In New York, the Department of Motor Vehicles reports that speeding is the cause of roughly 30,000 traffic accidents in the state every year.

Overall traffic deaths in New York City have consistently decreased for the fourth consecutive year in 2017 to their lowest on record. The number of pedestrians, motorists and cyclists killed in accidents in the city fell by 28 percent from 2013. Officials believe that the decline can be attributed, at least in part, to an ongoing safety program known as Vision Zero. The program includes a lower speed limit, tougher enforcement and improved street design.

Single-Vehicle Accidents in Syracuse

Published on: June 5, 2018 | By Jeff DeFrancisco

A single-vehicle accident can be just as serious as an accident involving two or more vehicles. If you or someone close to you has been injured in a single-vehicle accident, you may think there is nothing you can do. That is simply not true. Weather conditions, road conditions, and even car defects may have caused your accident and injuries. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse car accident attorneys have helped many clients establish liability in single-vehicle accidents and can help you as well.

A single-vehicle accident is a type of road traffic collision in which only one vehicle is involved. These accidents are more common than you may think. Data from the Insurance Institute for Highway Safety reveal that approximately 55 percent of motor vehicle crash deaths in 2016 occurred in single-vehicle crashes. That same year, there were 631 deaths caused by single-vehicle accidents in New York, making up 61 percent of the total traffic fatalities in the state. Some common examples of such accidents include but are not limited to:

Run-off-road accidents,

Damages for Victims of Drunk Driving Accidents in Syracuse

Published on: June 1, 2018 | By Jeff DeFrancisco

Despite tough laws and countless awareness campaigns, drunk driving remains a big problem in New York and across the United States. If you or someone close to you was injured in an auto accident caused by a drunk driver, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse drunk driving accident lawyers are committed to getting our clients the compensation they deserve for their harm. While no amount of money can undo the harm you have suffered, the compensation can help ease the burden of bills that often accompany such accidents.

According to the Centers for Disease Control and Prevention, over a million people were arrested for driving under the influence in 2016. The same year, approximately 28 percent of all traffic-related fatalities across the nation involved alcohol-impaired driving. In New York, there were 283 traffic deaths due to alcohol-impaired driving, which translates to 28 percent of all traffic deaths in 2016, according to the National Highway Traffic Safety Administration.

Drivers in New York are legally driving while intoxicated (DWI) if they have a blood alcohol concentration (BAC) of 0.08 percent or higher. The threshold is lower for commercial drivers, who will be charged with a DWI if they are operating a motor vehicle with a BAC of 0.04 percent or higher. It is important to note that the use of any drug (legal or illegal) that impairs a person’s ability to drive can also form the basis of a DWI.

Auto Accidents in Syracuse School Zones

Published on: May 16, 2018 | By Jeff DeFrancisco

Unfortunately, motorists often speed through school zones, endangering young children and adults who are crossing the street to get to school. If you or your child has been injured in an auto accident within a school zone, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse car accident attorneys can help you understand all of your options and guide you through the legal process of filing a personal injury claim against the at-fault party.

Every year, a number of children are hurt in school zone accidents. A 2015 report by the Federal Highway Administration reveals that about 44 children are hurt in pedestrian accidents involving automobiles on a daily basis. Many of these accidents take place while kids are walking to or from school. The Transportation Research Board reports approximately 25,000 children are hurt every year in school zones. Interestingly, however, the majority of pedestrians who are hit by a vehicle in school zones are adults.

Motorists are required to use extra care when driving through school zones. As a result, New York law imposes lower speed limits for these areas than other roads. The speed limit is posted before you enter the school zone so that you know to be vigilant. In addition, the sign will usually say which hours the school zone is in effect. The lowest speed limit that is allowed under New York law is 15 miles per hour, and school zone speed limits will typically range from 15-20 miles per hour.

Vision Injuries Caused by Accidents in Syracuse

Published on: April 30, 2018 | By Jeff DeFrancisco

Vision loss can affect every aspect of your life. Not only can this type of injury hinder your day-to-day life, but it can also have a deep psychological and emotional toll on a person. If you or your loved one suffered vision loss in an accident caused by someone else’s negligence, you may be able to take legal action against the at-fault party. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse personal injury attorneys understand how to navigate complex personal injury cases and can apply our experience to your case.

Once vision is gone, it is rare for it to come back. Vision loss refers to eyesight that cannot be corrected to a normal level, even with the use of aids such as glasses or corrective lenses. Blindness, on the other hand, typically refers to lack of vision. Vision injuries may include corneal abrasion, partial vision impairment, loss of peripheral vision, optic nerve injury, detached retina, and even blindness.

In many cases, vision loss is caused by someone else’s negligence. Examples of accidents that may lead to vision loss include but are not limited to medical malpractice, car accidents, pedestrian accidents, defective products, slip and falls, sports injuries, or workplace injuries. Specifically, direct trauma to the eye can result in vision impairment or vision loss. No matter the cause of the injury, we can most likely help you hold the responsible party accountable.