Central New York Injury Lawyer Blog

New Year’s Resolution Idea From Central NY Car Accident Lawyer — Throw The Cell Phone Or Smart Phone In Your Trunk

December 26, 2011 | by Michael Bersani

Having trouble finding a New Year’s resolution? Let me help. Forget about losing weight. Been there done that — or not!. That commitment usually lasts for only a few weeks. Here’s one you might be able to stick with, and that could save your life:

Promise yourself that, beginning January 1, you’ll start throwing your smart phone or cell phone in the TRUNK of your car whenever you drive. Don’t just commit to not using your smart or cell phone — as long as it’s sitting next to you and on, you will. If you don’t believe me, and think you can resist the temptation of answering the phone while you are driving, or of sneaking a peak at an incoming email or text message when you hear that little “beep” , take a look at this New York Times article, titled “U.S. Safety Board Urges Cellphone Ban for Drivers“. The article cites to several well-researched studies proving that smart phones and cell phones are every bit as addictive — and as dangerous to your health when you drive with them — as cigarettes.

Why can’t you resist the urge to answer, or to check that text message? Because you have a well-rooted, natural human urge to interact with other humans, especially when you are isolated and deprived of their company – as when you are alone behind the wheel.

Neck Injury That Starts Out As A $100,000 Case Ends Up Settling For $1.4 Million.

December 24, 2011 | by Michael Bersani

A client of mine is having a very merry Christmas indeed. I already blogged about his Waterloo, New York car accident case. Guy was passenger in his buddy’s car, who was stopped and waiting for traffic to clear so he could turn left into a driveway. Driver from behind, lost, looking at a map while driving, rear-ends them at full speed, causing them to flip over. Our guy ends up with a herniated cervical disc that takes him out of his welding job, for good, and requires surgery. The surgery helps, but does not rid him of the pain.

At first, there appeared to be no more than $100,000 in insurance, the policy limit of the driver/owner of the at-fault vehicle. There was no indication in the police report, or anywhere, that the negligent driver was doing anything but his own business when he rear-ended our guy. But an off-the-cuff remark by him at the scene — about some “bovine sperm bottles” he had in his pickup truck — tipped us off that perhaps he was working for some company that dealt in such products, even though he owned the vehicle and there was no company emblem or signage on it.

After some investigating, we turned up a California employer. The insurance carrier for the employer discloses a $1,000,000 insurance policy. Now we’re talking! But still, we felt our client’s case was worth more – what with all his pain and suffering, his completely altered life style, and the loss of his job.

Central NY Injury Lawyer On Fall From Cell Tower In Marcy, New York

December 23, 2011 | by Michael Bersani

News reports say a man working on a cell phone tower near Marcy, New York, suffered serious injuries today after falling more than 80 feet. He is reported to have suffered multiple broken bones and was taken to Utica’s St. Elizabeth’s Medical Center.

Falls from a height like that can cripple, maim or kill. We had a similar case (fall from a cell tower) a few years ago, which we brought to a successful conclusion. To win it, we used a special law that helps workers who fall from rooftops, scaffolds and towers. It’s called Labor Law 240, or “the scaffold law”. It allows a fallen worker, under certain circumstances, to sue anyone with an ownership interest in the tower or the land the tower is on, including leaseholders, for compensation above and beyond what the worker will get in workers’ compensation from his employer.

The key to winning this kind of case is to show that the worker was on the tower to “repair” something or to inspect something that was broken or malfunctioning. If his task involved “repair” work, or inspection work in contemplation of repair work, he is generally protected by Labor Law 240. But if he was performing mere “routine maintenance” of the tower, then he cannot prevail under Labor Law 240. He will generally be stuck with just his workers’ compensation benefits, which (as anyone who has been on comp knows) generally isn’t enough to pay the bills. It covers at most only about 2/3 of lost wages.

Tow Trucker’s Funeral Raises Awareness Of Amended New York Vehicle & Traffic Law Protecting “Hazard Vehicles”.

November 27, 2011 | by Michael Bersani

Yesterday, about one hundred tow-truck drivers formed a procession on East Molloy Road in Mattydale during the funeral of their brother tow-trucker, Todd Young, who was killed when a tractor trailer careened into him as he was attending to a broken down vehicle on the shoulder of the Thruway in Manlius, a mile east of Interstate 481. The fellow tow-truck drivers were thinking, no doubt, “but for the grace of god, there go I”. All of them, if they have been in the business for any significant amount of time, have had “close calls”; vehicles speeding by within feet, or even inches, of them as they dutifully attend to motorists in need on the shoulder of New York’s Thruway and other highways.

And that’s why a new law in New York, which takes effect January 1st, 2012, requires motorists to slow down and move over for “hazard vehicles”, which includes tow trucks. The law, called the Ambrose-Searles Move-Over Act, as it is currently written (read my prior blog) applies only to “emergency vehicles”, such as police cars. But the amended law will cover “hazard vehicles”, too, including tow trucks. Violators face fines of up to $150 for the first offense, $300 for a second offense and $450 for a third offense.

So, fellow motorist, join this Central NY car accident lawyer in my pledge to slow down, move over, and . . .

Bigger Trucks Mean Bigger Accidents, Says Central NY Injury Lawyer

November 26, 2011 | by Michael Bersani

Hope you all enjoyed your pumpkin pie. I sure did. And have you examined your waist line recently? If you’re like many Americans, it’s expanding. But not as fast as American truck drivers, according to a NY Times article I read last week. And then just today I read an article about how trucks are getting heavier, too. It seems everything in America is super-sized these days.

But let’s just talk trucks for now. Officially, the national weight limit for freight trucks on interstate highways is 40 tons (80,000 lbs). But in almost half of the 50 States, Federal laws now allows for trucks weighing more (not yet in New York). Last week, Congress added Maine and Vermont to the list, allowing trucks up to 100,000 pounds there.

So what’s the BIG deal? (pun intended). Big trucks make for big accidents, as this Central and Syracuse NY trucking accident lawyer knows all too well. And they also make for more frequent accidents because they are harder to control and stop. And they also chew up our roads and bridges faster, which chews up your tax dollars faster.

Thanksgiving and Black Friday Accidents

November 22, 2011 | by Michael Bersani

Thanksgiving is this Central New York injury lawyer’s favorite holiday. Why? Because I love good food, and good company, but don’t like the complicated and expensive business of gift giving.

Although Thanksgiving is a holiday, unfortunately, it is not a holiday from accidents. In fact, there are more accidents on Thanksgiving than on other days. Primarily, car accidents. People drink too much, then they drive. Crash. Don’t do it!

Tis the season for slip-and-fall and trip-and-fall accidents, too. Black Friday means packed stores, with shoppers tripping over objects left in aisles, or slipping on liquid spills.

Central New York Injury Lawyer: Hunters Beware!

November 21, 2011 | by Michael Bersani

Hunting season is once again upon us. Hunters, please be careful. I have blogged about hunting accidents before, so rather than repeat myself, I’ll simply refer you to this prior blog post:

Central NY Hunting Accident Lawyer Reminds Hunters of Safety Rules

Our law firm has recovered several sizable settlements for injured hunters from the homeowners’ insurance of their fellow hunters who accidentally fired at them. Maneuvering past the insurance issues can be tough, as I explain in this blog post:

Do New York Personal Injury Lawyers Favor Republicans Or Democrats?

November 20, 2011 | by Michael Bersani

As the presidential election campaign heats up, I thought you might want to know where we New York personal injury lawyers stand. Do we favor democrats, like Obama, or Republican like _______ (fill in the blank)?

I won’t give you a bunch of crap about us being impartial. We favor democrats hands down. Why? Among other reasons, because many republicans are in favor of

Central NY Injury Lawyer Discusses New York Statute Of Limitations In Child Sexual Abuse Cases

November 13, 2011 | by Michael Bersani

Yesterday I blogged about whether a “governmental immunity ” or “sovereign immunity” defense would bar a claim by child sex abuse victims against the State University of New York (“SUNY”) if something like what happened at Penn State (State university football coach sexually abuses children on campus) happened in New York at SUNY Geneseo, or SUNY Albany, or SUNY Cortland, etc. I concluded that those defenses generally would not be applicable in New York. But unfortunately, unlike in Pennsylvania, another defense would likely prevail in New York: The statute of limitations.

Pennsylvania, unlike New York, has extended the statute of limitations for child sexual abuse victims until they reach age 30. From news reports, it seems that all the Penn State child sexual abuse victims are still under 30 years old. So they can, and probably will, be able to sue Penn State for compensation, though on the very same facts, they would not be able to do so in New York

In New York, there is no specific statute of limitations for civil cases based on child sexual abuse claims. The child victim must rely instead on traditional statutes of limitations for assault (by the perpetrator) and negligence (by the employer of the perpetrator or owner of the building where it happened). In New York, the statute of limitations for assault is one year, and for negligence it is three years.

Central New York Injury Lawyer Discusses Penn State Sexual Abuse Lawsuits

November 12, 2011 | by Michael Bersani

Like everyone else, I have been following the “Happy Valley” Penn State child sexual assault scandal with disgust, awe, shock and dismay. But unlike everyone else, I am also thinking, as I read, who I would sue, for how much, and under what legal theories.

Although I am admitted to practice law in Pennsylvania, I have never handled a case there. My practice is limited to New York personal injury cases, and particularly to cases in Central and Western New York State. So I was surprised to read that some PA lawyers saw obstacles under Pennsylvania law to a lawsuit against Penn State because of the doctrine of “sovereign immunity”. Penn State would, of course, be the principle target of my lawsuit because of its deep pockets. The lawsuits brought against the rapist/sexual predator, Sandusky, or any of the individual coaches, such as Joe Paterno, would quickly deplete all their assets, leaving the plaintiffs under-compensated. There are at least eight victims, and probably a lot more will be stepping forward, which in my mind equates to many, many millions of dollars in lawsuit recovery.

In New York, a suit against a State University for something like this would not trigger a viable sovereign or governmental immunity defense. That’s because New York law distinguishes between the State’s traditional governmental role (such as providing police protection) and non-traditional roles the State has assumed over time, such as owning and running a university. Generally, the State can raise the governmental immunity defense only against tort lawsuits for the former, not the latter.