Motor Vehicle Accidents

Syracuse NY Injury Lawyer Appalled by The Negligent Havoc of Amazon Delivery Trucks

December 29, 2023 | by Michael Bersani

In recent years, the ubiquity of Amazon delivery trucks has become a symbol of modern convenience. However, amidst the rush to meet demands and fulfill orders swiftly, a darker reality has emerged. These vehicles, while efficient in delivering packages at breakneck speed, have also been implicated in a rising number of accidents. The negligence associated with Amazon delivery trucks has posed significant risks to road safety.

Believe me, I know. I am a Syracuse NY car accident lawyer currently representing, in a wrongful death case, the family of man killed by an amazon delivery truck. The amazon delivery truck driver was too busy looking at mailbox addresses on a rural road to bother looking ahead before he started turning left into a driveway. The Amazon driver never saw my client’s vehicle because he never looked. Instead of delivering an amazon package, the Amazon driver delivered death to my clients’ father/husband by turning directly into his path.

One of the primary issues contributing to these accidents is the immense pressure on drivers to meet demanding delivery schedules. Amazon, known for its commitment to fast delivery, often sets stringent deadlines, compelling drivers to navigate congested streets and highways with little room for error. This rush frequently results in speeding, reckless maneuvers, and fatigue-driven errors among drivers striving to fulfill their delivery quotas.

Syracuse Injury Lawyer: Proving a Defective Roadway Design Case in New York State

December 27, 2023 | by Michael Bersani

Proving roadway design liability in New York State involves navigating a complex legal and technical terrain. If you were involved in an automobile crash that you believe was caused by a faulty roadway design or negligent maintenance of the roadway, you absolutely must hire a New York defective roadway design lawyer with experience in this rather daunting sub-specialty of personal injury law. What follows is a breakdown of the main issues your lawyer will need to address in your defective roadway case.

Whom to Sue?

One of the first considerations is whom to sue. Usually, the owner of the roadway is responsible, or whatever entity “controls” it, though there are situations where a private contractor may also be held liable. It is not always clear to a lay person who owns or controls the roadway. In New York, it can be a Town, County, Village, City or the State of New York. Sometimes it is a combination of these entities. Thorough research must be conducted to ensure the right entities are being sued.

The Growing Concern of Car Accidents Involving Pedestrians, Especially at Night

December 11, 2023 | by Michael Bersani

In recent years, an alarming trend has emerged on the roads in the USA (but weirdly, not anywhere else) including New York State where this New York car accident lawyer practices law: a huge uptick in car accidents involving pedestrians, especially at night. Why? And why only in the USA?

First, as the sun sets and darkness blankets the streets, the risks for pedestrians always amplify. One of the significant contributors to the increased accidents involving pedestrians at night is reduced visibility. As daylight fades, visibility diminishes, making it challenging for drivers to spot pedestrians, especially in poorly lit areas or where street lighting is inadequate. Additionally, factors such as glare from headlights, distractions within the vehicle, and impaired visibility due to adverse weather conditions further compound the risks.

But the factors above have always been a problem. Why are nighttime pedestrian accidents increasing now? Take a look today’s New York Times for a possible answer: In most parts of the world, drivers still have to shift gears as they drive, and thus are deprived of the easy opportunity to be simultaneously using their phones. Manual shift vehicles in the USA are quickly disappearing from our roads. US drivers are thus more readily able to engage in texting, emailing and checking their calendars as they drive compared to, for example, their European counterparts. This explains why this uptick is occurring only in the USA, where shift-vehicles are disappearing, and not elsewhere.

Syracuse NY Personal Injury Lawyer on Car Insurance

March 9, 2023 | by Michael Bersani

Hello blog readers! Today I’m blogging about car insurance. As a Syracuse and Central New York personal injury lawyer, this is something I know a lot about, and which I think many people need to learn more about.

Let’s start with the obvious: Car insurance provides financial protection against accidents that might arise while driving your vehicle. Less obvious: It also protects you and your family when you are pedestrians or in other people’s vehicles, but I’ll get to that later.

In New York, auto liability insurance is legally required. Specifically, you must have at least $25,000 to cover a victim of your negligent driving, and $50,000 coverage total if there is more than one victim. Further, New York auto insurance polices feature a minimum of $50,000 in “no-fault” coverage, which pays medical bills and lost income for those occupants of your vehicle who were injured (including yourself), and for any pedestrian you injured.

Everything You Need to Know about Car-On-Deer Collision Claims in Upstate New York

November 14, 2021 | by Michael Bersani

We are right in the middle of “regular-firearm” (as opposed to bow-and-arrow) deer hunting season in New York State. It started October 23 and ends December 12. So let’s talk about car-on-deer collisions, how to avoid them, and the legal consequences if you don’t.

Deer are a lot like you in that, if they are smart, they try to avoid personal injuries. This means running from bullets. And spooked deer don’t look both ways before crossing any roads that lie between them and safety.

Just like those deer, you need to watch out for your own safety, but instead of fleeing bullets, you need to avoid the fleeing deer.

New York’s High Court Gives Green Light to Grandparents’ Claim for Emotional Distress Compensation under New York’s “Zone of Danger” Rule.

May 6, 2021 | by Michael Bersani

You are walking along the shoulder of a road with no sidewalk. You are facing traffic, as you are supposed to. To your right, walking with you, is your husband. Suddenly the car heading towards you veers off the road and onto the shoulder. You have time to jump to the left and escape injury. Your husband, on the other hand, is hit and killed. You watch this happen, horrified.

Clearly your husband’s estate has a claim for “wrongful death” against the negligent driver of the car. As his widow, you are probably going to be the administrator of that estate, and will sue on behalf of the estate. The estate will recover all the financial expenses stemming from the accident (medical and funeral expense) and will also recover for any pain and suffering he endured before death, and for any loss of financial support you and other family members will suffer.

But what about you. Do you have a personal claim (not just on behalf of the estate) against the driver for the emotional harm you suffered from being right next to your husband, and watching, when he was hit and killed? That image is going to haunt you for the rest of your life!

New York Car Accident Lawyer’s Tips for Safe Winter Driving in Upstate New York

February 14, 2021 | by Michael Bersani

This has been a snowy February in Upstate, New York, especially in contrast to our January, which was green. More snow is predicted in the Finger Lakes and Syracuse area this week. So it seems like a good time for this New York car accident lawyer to review some safe driving tips for winter weather.

In fact, the New York Times just published an article on this very subject. But what do they know? They’re in balmy downstate. The REAL snow-and-ice driving experts are up here in the Syracuse area – the snowiest City in New York State. (No, it’s not Buffalo, it’s Syracuse, the winner of the “Golden Snowball Award” most years!)

FIRST, THE OBVIOUS:

New York’s New Buckle-Up-In-Back-Seat Law to Take Effect November 1.

August 14, 2020 | by Michael Bersani

Governor Cuomo recently signed into law legislation requiring passengers in motor vehicles over the age of 16 to buckle up in back. This is a change from the current law which requires them to wear seat belts only when in the frontseat. The new law takes effect November 1.

Note that in New York the driver of the vehicle is responsible for ensuring that his or her passengers are all wearing seat belts. Buckle up in back or your driver gets the ticket.

Why the new law? Studies have more conclusively proven that you are much less likely to suffer serious injuries or death if you wear a seat belt, even in the backseat. In fact, studies show that the use of a backseat seat belt could reduce death rates by 2/3.

The Amazing Story about How Mel Gibson Was Thrust to Stardom by a New York Personal Injury Lawyer (and other good stories about personal injury lawyers)

May 31, 2020 | by Michael Bersani

Mel Gibson was born in Peekskill, New York. But somehow he got his first big acting gig (in the movie Mad Max, his break-through role) in Australia in 1978 at age 22. But why was this Peekskill, New York-born US citizen in Australia? Because his parents decided to emigrate there when he was 12 in 1968. But why did his parents decided to emigrate there? Because his father’s New York personal injury lawyer obtained a $145,000 settlement for him for work-related injuries. This gave Mel Gibson’s father the money to move to Australia, where his family was originally from.

If Mel Gibson’s father’s personal injury lawyer had not gotten Mel Gibson’s father a $145,000 settlement, Mel Gibson would never have ended up in Australia, where his acting talent was discovered.

So as you can clearly see, a New York personal injury lawyer (the one who represented Mel Gibson’s father) is responsible for the meteoric rise to stardom of actor Mel Gibson. Thus, every time you watch movies such as Mad Max, Lethal Weapon and Braveheart, you should thank a personal injury attorney!

Cell Phones, Rear End Collisions, and Self-Braking Cars, Oh My. Syracuse Auto Accident Lawyer Explains.

February 23, 2020 | by Michael Bersani

This Syracuse car accident lawyer keeps getting too many rear-end collision cases. This uptick in my rear-end collisions case load has nothing to do with me. The same uptick is experienced by all Syracuse car accident lawyers, and in fact by auto accident attorneys everywhere in the USA. This has been a trend for at least a decade, ever since smart phones really took off so that everyone and their mother has one. Not only does everyone have one, but it seems almost every one at some point in time uses their phone while they are driving. Be honest, have you? Ever?

If not, you are in the minority. According to a recent study, almost 90 percent of drivers in the USA admit to using their cell phones (at least sometimes) when they are driving. Scarier still, the average driver is on his phone 3.5 minutes for every hour of driving.

This doesn’t sound like a lot but it totally explains my uptick in rear-end collision cases. If you look down at your phone for only one second at a speed of 55 miles per hour, your car travels 80 feet during that second. So guess where the hood of your car ends up if, during that second, the car you were following decides to stop? That’s why car accident lawyers all around the Syracuse area, and in fact all around the nation, surely have, like me, increased their rear-end collision case portfolio over the last decade.