Car Accidents

Intersection Accidents in Syracuse

Published on: February 2, 2018 | By Jeff DeFrancisco

On urban and suburban roads with high volumes of traffic, intersection accidents can pose a great risk to drivers. The vast majority of intersection accidents take place because one of the drivers failed to yield the right-of-way. If you or someone close to you has been injured in an intersection accident, you need to reach out to a reputable Syracuse car accident attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will work diligently to do what is in your best interest after an intersection accident.

An intersection, also sometimes known as a crossroads, typically involves a crossing over of two streets or roads. Traffic accidents often take place at intersections because many vehicles are traveling in different directions at the same time. If any traffic laws are disobeyed or lights are ignored, the risk of accidents can increase significantly. According to the National Highway Traffic Safety Administration (NHTSA), 40 percent of all car accident deaths in the United States every year involve drivers running a red light, failing to yield the right-of-way at an intersection, or driving through a stop sign.

The NHTSA found that the following driver mistakes frequently led to accidents at intersections:

Drivers making improper left turns at intersections;
Trying to rush through a yellow light;
Distracted driving; and
Rolling through stop signs.

Deadly Accidents on the Rise in New York and Elsewhere Due to Tech-Related Distractions

Published on: January 4, 2018 | By Jeff DeFrancisco

Data from the National Highway Traffic and Safety Administration reveals that the United States has experienced a 14 percent rise in roadway fatalities over the last two years. It has also experienced the biggest back-to-back increase in motor vehicle death rates per mile driven in more than 50 years. In 2016, 37,461 people died in roadway accidents, including drivers, passengers, cyclists, and pedestrians. If you or someone close to you has been injured by a distracted driver in New York, you need to reach out to a Syracuse car accident attorney who can help.

The National Safety Council, however, challenges the official DOT figures, claiming that in 2016, cellphone usage was involved in 26 percent of all traffic accidents. In fact, the NSC states that due to the under-reporting of distracted driving crashes, the number of deadly crashes that actually take place each year could be double what is recorded in federal data. A study released by Cambridge Mobile Telematics, a company that creates apps to monitor driving and smartphone usage for insurance purposes, echoes this sentiment and found that about a quarter of drivers involved in crashes were on their phones during or in the minute prior to the accident.

Most car accident claims in New York are based on the legal theory of negligence. Negligence takes place when a driver causes an accident because he or she failed to use ordinary care behind the wheel. Ordinary care is defined as the level of care that a reasonably prudent person would have used in the same situation. For instance, a driver who causes a crash because he or she was texting and driving would be liable for the accident and any resulting harm. This is because a reasonably prudent driver would understand the risk of accidents and injuries that could result from such conduct.

Rear-End Accidents in New York

Published on: December 11, 2017 | By Jeff DeFrancisco

A car accident can change one’s life instantly. While some rear-end accidents result in minor damage and injuries, in other cases, rear-end accidents can be deadly. If you or a loved one has been injured in a rear-end accident, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to protecting our clients’ rights in New York car accident cases at every step of the way.

A rear-end collision takes place when one vehicle crashes into the vehicle in front of it. These accidents typically happen when a driver is stopped for some reason (i.e., at a red light or in heavy traffic). Rear-end collisions are one of the most common types of automobile accidents in the United States. In fact, there are approximately 2.5 million rear-end collisions each year. According to the National Highway Traffic Safety Administration (NHTSA), approximately 28 percent of all crashes are rear-end collisions. Rear-end accidents can be caused by a variety of negligent acts. Some common causes include but are not limited to:

Aggressive driving;
Distracted driving;
Driving under the influence of drugs or alcohol;
Excessive speeding;
Faulty brakes or automotive defects;
Tailgating or following too closely;
Poor weather conditions;
Sudden or unexpected stops; or
Improper lane changes.

New York Woman Suffers Spinal Injury in a Car Accident, Jury Awards her Multi-Million Dollars in Damages

Published on: November 3, 2017 | By Jeff DeFrancisco

Car accidents can cause life-changing injuries, or even fatalities, for those involved. The causes of car accidents are highly situational. Sometimes inclement weather can create hazardous road conditions, while at other times the negligence of the driver or other drivers on the road can be the cause of an accident. A recent New York car accident case involving a young Brooklyn woman centered around whether the driver of the vehicle, in which she was the passenger, was negligent when he fell asleep while driving.

As mentioned above, the plaintiff was injured in a 2012 car accident when the driver of the vehicle, a Chevrolet Equinox, fell asleep at the wheel. He swerved into oncoming traffic and collided with a mini-van, killing a passenger, an elderly woman. The driver of that vehicle survived the crash. The plaintiff allegedly suffered severe, lifelong spinal injuries. Her symptoms included losing feeling in her legs. She also requires the use of leg braces for mobility purposes. Moreover, her physicians allegedly advised her that as she progresses in age, her condition will grow worse, and eventually she will completely lose the ability to walk as a result of her injuries. Following the car accident, she was forced to withdraw from college, where she was receiving an Ivy League education, and see a therapist about depression issues.

The plaintiff filed a lawsuit against the driver for falling asleep at the wheel, likely alleging negligence under New York law. Her case went to trial in Manhattan Supreme Court, where a jury of six, following a three-week trial, awarded the plaintiff $71 million in damages for future medical expenses, future pain and suffering, and past pain and suffering.

Tips for surviving a submerged car

Published on: August 15, 2017 | By Jeff DeFrancisco

A car accident where the car becomes submerged is a nightmare scenario, but it does happen. Drivers in New York or anywhere where there are bodies of water should learn these important safety tips for surviving when a car crashes into water.

According to Popular Mechanics, about 400 Americans drown in their cars each year. Survival experts recommend that when a car goes in the water, the first priority of the passengers should be to get a window open so that they can escape. When a car hits the water, it takes approximately 30 seconds for water to rise to the base of the window. Passengers should try to get the window open in this time frame. If the window is automatic, a passenger can use a hammer or their feet to bash out the window. While it is possible for a person to wait until the car fills with water and the pressure equalizes so it is no longer impossible to open the car door, he or she is much more likely to die before escaping.

Once the window is open, adult passengers should assist children in escaping by guiding them firmly through the incoming flow of water to the window. Everyone should swim out of the car as quickly as possible and wait to call for help until they are safely out of the car. Help will not arrive quickly enough to save anyone from the car and making a call will only waste precious time.

New York car accident claims the lives of two people

Published on: June 26, 2017 | By Jeff DeFrancisco

Each day, thousands of New Yorkers rely on the convenience and freedom of their vehicles to get them safely from one destination to the other. However, drivers cannot enjoy the privilege of driving without being subject to the risks of operating a motor vehicle. In most situations, a thorough investigation has to be completed to determine the cause of an accident.

This was just the case in a recent motor vehicle accident on the George Washington Bridge. According to reports, a full-size SUV was traveling eastbound on the New York side of the bridge. There were five occupants inside of the vehicle, two of which were children. Amidst slowing for traffic, a box truck had come to a complete stop when the SUV plowed into the back of the truck. All five of the SUV’s occupants were transported to a local hospital where a man and young child passed away. The other three occupants received unknown injuries.

As a result of the accident, the upper portion of the roadway remained closed so authorities could complete their investigation into the cause of the accident. The cause is still unknown. The occupants of the box truck were not injured.

Summer months bring increased risk of car accidents

Published on: June 14, 2017 | By Jeff DeFrancisco

While driving provides a plethora of freedom, independence and convenience for motorists in New York, it brings with it substantial risk. These risks are significantly heightened by factors like fatigue, impairment, distraction or poor vehicle maintenance. According to the Centers for Disease Control and Prevention, car accidents account for 2 million injuries and 32,000 fatalities each year in the United States.

Motorists may also face increased risks of being involved in a car crash depending on the time of year. One report suggests that summertime is one of these periods of heightened risk due to several factors including a number of popular holidays during the warmer months. Because summer nights last longer and holiday gatherings are prevalent, drivers may be more likely to partake of alcohol. In many places, highly celebrated holidays like the 4^th of July are practically synonymous with partying and drinking. In fact, the stretch of time between Memorial Day and Labor Day is considered one of the most dangerous periods on the road.

The consumption of prescription drugs is also a contributor to motor vehicle deaths. In fact, in the last decade, drug-related car accidents have nearly doubled. Additionally, because school is no longer in session, the summer months see a substantial increase in the number of teenage drivers on the road, which can also contribute to more car accidents.

What are some examples of distracted driving?

Published on: June 8, 2017 | By Jeff DeFrancisco

Alcohol intoxication, sleep deprivation and poor weather conditions can all lead to motor vehicle accidents. However, distractions take the eyes of many drivers away from the road and cause a devastating number of wrecks each year. If you drive in New York, or if you ride as a passenger in a motor vehicle, it is important to familiarize yourself with different examples of distracted driving and take steps to eliminate these distractions on the road.

The Centers for Disease Control and Prevention addresses distracted driving on their site and draws attention to some of the main reasons why drivers become distracted. For example, sending and receiving emails or texts while behind the wheel is particularly widespread among those who are in high school. However, cell phones distract drivers of all ages and there are many other distractions that can increase the likelihood of an accident. For example, a driver may be distracted because they are eating, communicating with other people in the car, attempting to turn the radio station or looking for something on the floor.

During 2013, more than 3,100 lost their lives in accidents which involved a driver who was distracted. Moreover, even those who are lucky enough to walk away from a distracted driving wreck may suffer severe injuries and other hardships, such as dealing with their insurance company. If you have been hit by a distracted driver and are trying to recover, you should carefully review any options that are in front of you. Furthermore, careless drivers who upend the lives of others should be held answerable.

5 things to remember if you are in a car crash

Published on: April 24, 2017 | By Jeff DeFrancisco

The stress of a car accident can make it difficult to remember the basic steps you should take after the crash. Of course, you probably know that you need to contact the authorities so they can come out to make a report and evaluate the scene. There are also other steps you should take.

#1: Gather evidence

You should try to get evidence at the crash scene. Snap a few pictures with your phone so that you can show the actual scene if you plan to seek compensation. Take notes about what you see around the scene. Make notes of the weather and any other points that might come into the picture. Writing things down as quickly as possible can help you to accurately remember later. Get the names and contact information for anyone involved in the crash and witnesses. You might not be able to do this if the accident leads to injuries.

Collision avoidance systems and rear-end collisions

Published on: April 21, 2017 | By Jeff DeFrancisco

There are many ways accidents can happen on New York roadways. However, one of the most common types of accidents is rear-end collisions. According to the National Transportation Safety Board, rear-end accidents are typically caused by driver inattention. In addition, this type of accident led to more than 1,700 deaths from 2012 to 2014. It is a serious issue that needs a solution.

The NTSB believes that it has found a solution that can help to greatly reduce the number rear-end crashes while also decreasing the severity of them. The answer seems to be collision avoidance systems. These safety systems are installed in vehicles and feature alarms and automatic breaking technology that enables the vehicle to react to a traffic situation and prevent a collision from occurring. They have been shown through studies to be very effective, which has led to numerous recommendations by the NTSB to have them installed as standard equipment on all new vehicles.

Unfortunately, according to USA Today, vehicle manufacturers and the U.S. government have not climbed on board with the NTSB’s push to ensure all vehicles come equipped with collision avoidance systems. Manufacturers cite the fact that consumers should be the ones to choose if such technology is included when they purchase a vehicle. It is currently offered as an upgrade option that adds to the vehicle’s purchase price. The government just has not been able to get the needed support to instigate legislation. The public is not aware of the benefits of these systems and there are no real incentives to mandate they be a requirement for manufacturers.