Syracuse Personal Injury Law Blog

Can a party partially responsible for an accident claim damages?

Published on: December 20, 2016 | By Jeff DeFrancisco

Motorcyclists while having the most freedom on the road are also the most vulnerable as there is very little protection offered by the bike in the case of a collision. Furthermore, motorcyclists are quite small in comparison to cars and thus are easy to overlook and miss when in heavy traffic. Compared to cars, motorcycles require far more skill and concentration to drive as they lack stability compared to cars.

Similar to many vehicle accident cases, motorcycle accident claims revolve around the tort of negligence. In the case where the motorcycle rider was partly at fault for the accident, he or she won’t be able to recover any damages under the principles of contributory negligence. If the principle of comparative negligence applies, then the recovery of damages may be possible based on the calculation of damage caused by each party.

Helmets are protective gear that offers vital protection to the head of the rider in the case of an accident. In many states, it has been made mandatory for motorcycle riders and their passengers to wear helmets.

Driver in Tracy Morgan truck accident case won’t go to jail

Published on: December 12, 2016 | By Jeff DeFrancisco

If you’ve been following this blog, you’re probably aware of the ongoing case of the truck driver whose drowsiness caused him to collide with comedian Tracy Morgan’s limo back in 2014. The accident took the life of Morgan’s dear friend James “Jimmy Mack” McNair and left Morgan in critical condition with a traumatic brain injury and several broken bones.

The driver admitted that he hadn’t slept in over 28 hours when the accident happened. After pleading not guilty for a period of time, in late November the driver finally pleaded guilty to four counts of aggravated assault and one count of vehicular homicide in order to avoid going to prison. As a part of the deal, he will have to serve 300 hours of community service.

Here’s where it’s important to remember that, from a legal standpoint, criminal cases are separate from civil cases. Whether a defendant in a truck accident criminal case is found guilty or not guilty, the victims can still file a lawsuit seeking compensation for injuries. In this case, Tracy Morgan agreed to an undisclosed settlement with Wal-Mart, the company the driver worked for, and McNair’s family settled for $10 million.

New study finds Caesarean sections altering human evolution

Published on: December 7, 2016 | By Jeff DeFrancisco

Medical advances have improved the quality and length of life for countless people around the world. While this is obviously a positive thing, human evolution changes if Darwin’s nature has less impact and Hippocrates’s modern medicine grows. For example, scientists in Austria say that the rise in Caesarean section births has helped the shape of women to evolve.

The researchers estimate that the number of babies that cannot fit down a woman’s birth canal has gone from 3 percent in 1960 to 3.6 percent today. Their explanation is that there have been a few generations of women who have a narrow pelvis size (and smaller birth canal) that have had babies via c-section. The idea being that women with a narrow pelvis would have died in childbirth more often, thus not passing the thin pelvis gene on to descendants.

“Without modern medical intervention such problems often were lethal and this is, from an evolutionary perspective, selection,” said Dr Philipp Mitteroecker, of the department of theoretical biology at the University of Vienna, in a story by bbc.com. The original research was published in the in the journal, Proceedings of the National Academy of Sciences.

Cancer warning signs that women can’t afford to ignore

Published on: December 4, 2016 | By Jeff DeFrancisco

Because women’s bodies are constantly changing throughout their lives, it can be difficult to discern normal changes from symptoms of potentially serious problems. In this post, we’re sharing five common cancer symptoms that are dangerous for women to overlook.

Many women look out for the well-being of multiple people – including children, partners, friends and relatives. However, it is essential that you prioritize your own health, too – for yourself and for the people you love.

Breast changes – It is always wise to have your doctor look at any lumps, skin dimpling, changes in your nipples or red skin on your breasts.
Bloating – Bloating is very common in women and often harmless. However, if it persists for more than a week or two, or comes with weight loss or bleeding, it may be a sign of ovarian cancer.
Bleeding in between periods – If you still get a period, report any spotting in between cycles to your doctor. If you are bleeding after menopause, it is essential to get checked out right away.
Skin changes – Do not delay if you have a mole that changes shape, color or size. It is a common sign of quickly-advancing skin cancer.
Blood in the stool or urine – Any unusual bleeding should be reported to a doctor, especially blood in your stool or urine that lasts more than a couple of days.

What time is deadly drowsy driving most common?

Published on: November 22, 2016 | By Jeff DeFrancisco

Drowsiness is something many might associate with nighttime. So, some might assume that being at risk of drowsy driving is something that mainly happens at night. However, a recent study, by SleepJunkie, indicates that it is actually the morning that sees the most fatalities related to drowsy driving here in the United States.

The study reviewed federal data on drowsy driving crash fatalities to look into what time of day saw the most such deaths. It found that the hour of the day in which drowsy-driving-related fatalities were at their highest levels was the 6 a.m. to 7 a.m. hour. The hours that held the No. 2 and No. 3 spots were also morning hours. In fact, they were the hours on both sides of the 6 a.m. to 7 a.m. hour.

Why do you think the morning sees so many drowsy-driving-related deaths? What do you think are the best ways to stay away from drowsy driving in the morning?

Ventilator-associated pneumonia not going down?

Published on: November 18, 2016 | By Jeff DeFrancisco

Infections at hospitals can wreak havoc on patient health. So, one would hope instances of hospital-acquired infections would be trending down. Given this, the results of a recent study are something some might find quite discouraging. The results suggest that, when it comes to one particular type of hospital-related infection, not much progress has been made on cutting down on its occurrence over the past decade.

This infection is ventilator-associated pneumonia (VAP). This is a type of infection connected to the use of respirators at hospitals. The study looked at data on certain patients to make an estimate of how common of a complication VAP is. It estimates that, among patients who are on a respirator for over 48 hours at acute-care hospitals, around one-tenth end up getting VAP.

The study further suggests that the occurrence rate of this infection has been holding at around this level for at least the past decade. This brings into question some federal data that had pointed to the occurrence of VAP possibly going down. According to the study’s lead author, factors such as: the possibility of reporting bias, variation in reporting standards and the difficultly of detecting VAP are among the things that could have led to the federal data suggesting a decline that wasn’t actually present.

Which generation is drunk driving most common in?

Published on: November 9, 2016 | By Jeff DeFrancisco

Given how dangerous drunk driving is, it can be important to look into what groups are engaging in this behavior the most. Understanding what groups drunk driving is most common among can yield important insights regarding what kinds of prevention efforts might be effective.

A recent survey suggests that, among the different age groups, drunk driving is most common among gen-Xers. The survey asked 2,000 Americans various questions about alcohol, including whether they had ever gotten behind the wheel when drunk.

The answers given were broken down in various different ways, including by generation. Gen-Xers (respondents 35 to 51) had the highest rate of admitting to drunk driving, with 43.31 percent of such respondents doing so. Meanwhile, the lowest rate belonged to individuals 70 and over, with only 27.27 percent of individuals in this age group saying they had driven drunk. Baby boomers (respondents 52 to 69) and millennials (respondents under 35) landed in the middle with 39.3 percent and 33.93 percent admitting to drunk driving, respectively.

FDA: Some hospitals not following reporting rules on medical devices

Published on: November 2, 2016 | By Jeff DeFrancisco

How hospitals act when it comes to medical devices matters greatly. This includes what a hospital does after injuries or deaths occur in relation to such a device at the hospital.

The U.S. Food and Drug Administration puts reporting requirements on hospitals when it comes to such incidents. Among these rules are ones requiring hospitals to report such incidents within a certain amount of time of them occurring. Prompt reporting of such occurrences can shine a light on whether there are any ongoing safety issues/problems with a given medical device. This, in turn, can give the government and manufacturers the opportunity to promptly address such problems/issues.

So, one would hope hospitals would closely follow such rules. Unfortunately, FDA investigations have revealed that hospitals sometimes fall short when it comes to meeting these requirements. Among the things the investigations found was that 12 hospitals failed to engage in prompt reporting after medical-device-related injuries or deaths occurred. These hospitals were from all across the country, including here in New York.

A ‘tattoo’ for gauging alcohol level?

Published on: October 26, 2016 | By Jeff DeFrancisco

There are certain things that can turn an everyday drive into a life-changing traumatic event for an individual. One is encountering a drunk driver out on the roads. The actions of drunk drivers sometimes trigger catastrophic crashes. Skilled personal injury attorneys understand the major impacts an accident caused by a drunk driver can have on a person’s life, and can help victims of such crashes fight for compensation to put towards tackling the challenges these impacts pose.

One of the things that can lead to drunk driving is a person guessing wrong on how intoxicated they are when deciding to get behind the wheel. Most people rely mainly on their own judgment when deciding whether they are sober enough to drive. This judgment can sometimes be quite a ways off.

A new technology might provide a more reliable way for people to gauge whether they are sober enough to drive safely. The recently developed technology is a biosensor patch. The patch, which reportedly looks like a temporary tattoo, is a wearable that measures the alcohol level in the wearer’s sweat. Reportedly, it takes about eight minutes to measure this level. The device is designed to send the alcohol level information to the wearer’s cellphone, with the idea being that an alert could be generated for the wearer when the levels reach a point where driving wouldn’t be safe.

New York senator cashes in after blocking important malpractice law

Published on: October 24, 2016 | By Jeff DeFrancisco

The death of Lavern’s Law saved hospitals and insurers a lot of money. Should that money go to a senator who helped kill it?

This post is not a political endorsement. It is meant to call attention to the forces that affect victims of medical malpractice.

Earlier this year, New York legislators considered a bill that could have made it easier for countless victims of medical negligence to pursue compensation under the law. Despite widespread support, it was blocked – in large part by GOP senator and Health Committee Chairman Kemp Hannon.

Why would the chair of the Senate Health Committee oppose a bill that’s good for patients? According to the New York Daily News, It might have something to do with the powerful Greater New York Hospital Association, which loudly lobbied against the bill. The Association has formed a Super PAC that has spent nearly $200,000 on Senator Hannon’s behalf.