Syracuse Personal Injury Law Blog

Man dies in crash after other driver fails to stop at stop sign

Published on: December 10, 2015 | By Jeff DeFrancisco

Car accidents happen throughout Syracuse and the state of New York every day. While they are unfortunate, many of them are merely fender-benders that take up time and bring stress to the day. But for the truly unlucky, these accidents can bring severe injuries or even death.

Recently, a man driving a pickup truck in the town of Hannibal was killed when another driver failed to stop at a stop sign. The other driver, age 71, was headed down Route 7 just before 11p.m. on a recent Tuesday when he failed to stop. After the two vehicles collided, the situation was made even worse by an oncoming fuel tanker.

The tanker, being driven by a 31-year-old man from Weedsport, crashed into both vehicles and caused a fire. The pickup truck driver died at the scene of the accident. The 71-year-old man was seriously injured and taken to a hospital in Syracuse. The tanker driver got off with only minor injuries and was treated at the scene of the crash.

What to do if a holiday gift causes you injury

Published on: December 9, 2015 | By Jeff DeFrancisco

During the holiday season, a lot of new products will enter the home. Kids will receive new toys and parents will receive new long-awaited gadgets. It is a time of year that many are very excited about. Once the presents are unwrapped, the new products will usually get their fair share of use, especially in the months to come. The hope, of course, is that these products bring joy to those that receive them, but unfortunately, that is not always the case.

Across the country, someone may inevitably encounter a dangerous product. It may be a toy that causes a child to get hurt or a kitchen gadget that malfunctions and causes a severe burn. Initially, the injured individual may blame themselves or chalk it up to a freak accident, but as more information comes out about the product nationwide, they might realize that this was truly not their fault.

Some individuals may be hesitant to discuss their case with a lawyer, feeling they don’t have a strong enough case. Others may feel their injury is not substantial enough to warrant a lawsuit. No matter the situation, it may be in your best interest to at least discuss your case with a product liability attorney. While an injury may seem minimal at first, that injury may lead to substantial financial loss over the long term. Similarly, you may not be the only person who experienced injury due to this product and it may be important to hold those who made and distributed the product accountable.

Rash of pedestrian accidents in NYC show much work to be done

Published on: November 29, 2015 | By Jeff DeFrancisco

In New York City, there has been a recent flourish of pedestrian accidents which demonstrate how serious the consequences of a car crash can be. Over a dozen pedestrians have reportedly been killed in the Big Apple since Halloween, despite Mayor de Blasio’s ongoing efforts to completely eliminate traffic deaths in the city.

While these efforts have obviously not yet eliminated traffic fatalities, pedestrian fatalities are at least lower than they were in 2014. So far this year, a total of 109 pedestrians died in traffic accidents. Over the same period in 2014 there were 121.

Mayor de Blasio’s plan to eradicate traffic fatalities, known as Vision Zero, has so far involved the reduction of speed limits to 25 miles per hour, increasing law enforcement presence setting up speed cameras, and changing traffic flow for particularly risky streets and crossings. Police have been focusing particularly on offenses like reckless driving, speeding, failure to yield to pedestrians, parking in traffic lanes and distracted driving.

Distracted driving law and negligence in New York

Published on: November 28, 2015 | By Jeff DeFrancisco

In our last post, we began speaking about recent data showing an increase in car accidents in the first half of 2015, which may be partly due to increase cell phone use. As we noted, distracted driving is a problem every state is currently grappling with, using a variety of means.

In terms of distracted driving legislation, most states have a special statute aimed directly at cell phone use by drivers. These laws vary from state to state, both in how cell phone by drivers is regulated and how police officers may enforce the laws. Here in New York, the law is fairly straightforward in both of these respects.

First of all, New York prohibits drivers of all ages from texting while driving. Texting is probably the distracted driving activity most banned among the states, and for good reasons. The texting ban is classified as a primary law, meaning that police officers may enforce the law even when there are no other violations. Secondary laws, by contrast, may only be enforced when there are other violations. Second, New York law bans the use of handheld devices by drivers of all ages. This is also classified as a primary law.

Could NHTSA data point to increase in cell phone use by drivers?

Published on: November 27, 2015 | By Jeff DeFrancisco

Recent data released by the National Highway Transportation Safety Administration showed there was an 8.1 increase in the number of fatal accidents in the United States in the first half of 2015 following a decrease in 2014. The increase was reportedly the biggest six-month jump in traffic fatalities reported since 1977.

It is speculated that the widespread use of smartphones may have had some role in the increase, though officials have said it is still too early determine exactly what factors are behind the increase. Regardless of what exactly was behind the increase, it is well known that cell phones continue to contribute to many accidents.

One reason for the prominent role of cell phones in car accidents is that they are a significant source of distraction for drivers. Even when a driver uses a hands-free device, talking on the phone while driving can significantly reduce the amount of attention a driver devotes to safe driving. Another reason is that the use of cell phones is so widespread. According to the Pew Research Center, almost two-thirds of Americans own a smartphone, which are particularly distracting when used for texting or surfing the Internet.

Is Congress not doing enough to prevent trucking accidents?

Published on: November 27, 2015 | By Jeff DeFrancisco

The number of individuals expected to die in trucking accidents during the coming year exceeds the numbers of those who have died in commercial airline accidents during the past 45 years. According to a New York Times opinion piece, there is increased suspicion that the trucking industry is getting off too easily when accidents occur. And there are concerns that Congress is not creating the kinds of regulations that will help improve these circumstances.

Recently, Congress has made proposals allowing for truckers to work a maximum of 82 hours per week rather than 70 hours of work over an eight-day period. House members also apparently have discouraged the Federal Motor Carrier Safety Administration from making investments in wireless technology used to monitor drivers and their trucks. Congress has shown a willingness to approve of heavier and longer trucks used upon the roads which will create dangers. And there has been discussion of reducing the minimum age of drivers who travel interstate from 21 to 18.

Truck crash fatalities rose 17 percent from 2009 until 2013. While deaths due to truck fatalities rose during these four consecutive years, car drivers, truck drivers and passengers are commonly the victims of such crashes.

Many anesthesia errors occur in non-operating settings

Published on: November 26, 2015 | By Jeff DeFrancisco

Many of us may be unaware that a large portion of medical malpractice claims result from negligence occurring outside of the operating room. This includes mistakes made during the administration of anesthesia. There are conflicting results in studies concerning the number of operating room and non-operating room anesthetic complications. But it appears clear that the number of anesthesia mistakes made in a non-operating room setting is significant.

One disturbing finding found in one study was that substandard anesthesia care more frequently involved non-operating room cases. Such cases generally resulted in larger verdict or settlement payments than operating room cases.

Though generally practitioners involved in applying anesthesia in non-operating settings are well-qualified professionals, mistakes made under these circumstances can often be extremely traumatic. Too often, the medical personnel most needed when anesthesia complications arise in non-operating settings are not available to provide the necessary assistance. Also, in some circumstances the necessary equipment to assist distressed patients is lacking.

Top Four Reasons Injured Patients File A Med Mal Lawsuit

Published on: November 22, 2015 | By Jeff DeFrancisco

Much is said and written regarding medical malpractice lawsuits. To some, medical malpractice lawsuits are hurting the practice of medicine in New York. These people often note that New York had the highest number of medical malpractice claims paid out in the U.S. over the last decade. To many others who are familiar with medical malpractice lawsuits, recent laws have made it more difficult than ever for legitimately injured patients to get legal and financial help with their recovery. They argue that the overall number of medical malpractice claims has decreased steadily over the last decade.

For injured patients, however, the biggest concern is not the overall state of New York’s healthcare or insurance systems. The relationship between a doctor or surgeon and patient is an intimate, trusting one. And nothing is more important to patients than their health and the health of their families. Medical malpractice lawsuits are therefore very personal, and filed for very personal reasons.

With that in mind, here are the top four reasons patients file medical malpractice lawsuits:

Spinal cord injuries in the United States: facts to consider

Published on: November 15, 2015 | By Jeff DeFrancisco

When someone suffers a spinal cord injury, it can be life-changing. While in some cases, this type of injury can lead to sudden death, others are left to deal with the tragic injury the rest of their lives.

According to the National SCI Statistical Center, spinal cord injuries fall into several categories, including incomplete and complete tetraplegia, and incomplete and complete paraplegia. The most common type since 2010 is the incomplete tetraplegia.

Statistics also show that the age of the person who suffers a spinal cord injury has increased since the 1970s. Back then the average age was 29 years old. Now that number has risen to 42. Not surprisingly, about 80 percent of all new spinal cord injury cases happen to men.

Failure to diagnose man’s cancer resulted in “fatal consequences”

Published on: November 13, 2015 | By Jeff DeFrancisco

While we often talk about the different types of mistakes medical professionals make when caring for a patient, there is also a big concern when a medical professional fails to do something. In the case of one prison inmate in New York, this was a failure to diagnose that eventually led to his death.

Recently, a judge awarded the deceased man’s family with $1.75 million for the “extended physical and mental pain and suffering” endured by the man and his family. The judge found that the state, which was in charge of the man’s medical care while he was in prison, fatal consequences.”

In 2009 the man repeatedly complained about severe pain in his abdomen. He was initially diagnosed with kidney stones, and a physician recommended that he be seen by an urologist. While the doctors at the correctional facility were aware of the recommendation, they never referred him to the urologist. It was only in late 2011 when the man’s urothelial cancer was found and treated. Although he was cancer-free for a short time, the cancer returned in his lymph nodes in 2013 and he passed away in 2015 at the age of 58.