Central New York Injury Lawyer Blog

New York State’s Defense to Syracuse Megabus Accident: “A Safer Design Was Too Expensive, Impractical and Nearly Impossible”. Will This Defense Work in Court?

September 19, 2010 | by Michael Bersani

In an article entitled “NY DOT chief nixes big fixes for Onondaga Lake Parkway railroad bridge”, the Syracuse Post Standard quotes a top New York Department of Transportation official as saying that structural design changes to keep trucks, buses and other tall vehicles from crashing against the railroad bridge above the Onondaga Lake Parkway are too expensive and impractical. According to this official, while other less costly, minor improvements might be possible (including tinkering with the warning signs’ height), major structural changes aimed at eliminating the low clearance of the bridge are all but impossible.

How does a Syracuse bus accident attorney go about investigating this defense? Well, first, he or she would have to recognize that this “we couldn’t do it” defense is not new. It was probably invented about the same time as roads were! Therefore, there is a whole body New York roadway design liability case law that defines the parameters of this defense.

Here’s what that law says in a nutshell: While a governmental entity (such as the State of New York or Onondaga County) has a duty to plan, design, construct and maintain reasonably safe roads, highways, streets, bridges, intersection and traffic control devices, they have what’s known as “qualified immunity” from liability. Under this “qualified immunity”, the governmental body may be held liable only when its roadway design was “plainly inadequate or there was no reasonable basis for its plan or design”. The State or County can’t be held liable just because there might have been a better, safer design. The actual design has to be, in light of all the circumstances, “plainly inadequate” or “unreasonable”. Further, once the State is made aware that something about the road is dangerous (for example, tall trucks keep crashing against the bridge!), it must then undertake new studies to see if the danger can be reduced.

Syracuse Bus Crash Was Caused by Distracted Driving – Another Tragic Central New York Distracted Driving Automobile Accident Case

September 17, 2010 | by Michael Bersani

Here we go again — another fatal Central New York motor vehcile accident caused by distracted driving. Cell phones, smart phones, texting devices, gps navigators — what will they think of next to tempt drivers into distraction?

The latest victims of distracted driving? News sources report that the bus driver who crashed into the Onondaga Lake Parkway railroad overpass near Syracuse has admitted he was distracted by his personal global positioning system (gps) device.

A spokesman for his employer, Coach USA, had previously said that Use of any GPS device while driving was against company policy. The driver had resorted to his GPS after he missed the turn to the bus terminal, and ended up off track. I have previously blogged about this Syracuse bus crash here, here and here.

Syracuse Megabus Overpass Collision — Was It the County’s Fault?

September 11, 2010 | by Michael Bersani

The Syracuse Post Standard just published another online article about the recent fatal Megabus accident near Syracuse, in Salina, New York. The top of the double-decker bus collided with a CSX railroad bridge over Onondaga Lake Parkway. The Post Standard pointed out that this 10-foot-9-inch clearance “is notorious for getting hit by tall vehicles” despite the “warning signs and flashing lights”. At about 13 feet tall, the bus did not fit under the railroad bridge.

What follows all comes from some good investigative journalism by the Syracuse Post Standard: Back in the mid 1990s, then-Onondaga County Legislature chairman Bill Sanford had concerns about the overpass. Today he is quoted as saying, “this [accident] could possibly have been avoided [with] some kind of [better] warning system.” He noted that other communities with similar low overpasses had hung chains across the roadway, at the same height as the bridge, about a half mile or so before the bridge. This created a visible and audible hard-to-ignore “warning” of the oncoming peril. The metal chains clanging against the bus or truck, while causing minimal damage to the vehicle, would serve as a hard-to-ignore warning! Sandford was quoted as saying that “this wasn’t done” and “I don’t know why”.

Good question. Why not? It sounds like an inexpensive way to avoid very expensive, life-destroying accidents. In representing the victims of this tragic bus accident, a Syracuse bus accident attorney would want to investigate the feasibility of implementing such a warning system.

Syracuse Bus Accident Lawer with Update on Syracuse Megabus Collision with Overpass

September 11, 2010 | by Michael Bersani

Earlier today I posted a lengthy blog about the tragic Syracuse Megabus crash. To summarize, four people were killed today, and several others seriously injured, when a double-decker “Megabus” slammed into a railroad overpass in Salina, which is just outside of Syracuse, New York.

Update: I just read on a CNN news post the following description of the Megabus: “The bus, part of a fleet of low-cost express buses . . .” . As a Syracuse bus accident lawyer,and commercial truck accident lawyer, the words “low-cost” hit me like a ton of bricks. I have seen this story time and time again. I have handled many, many cases that repeat the same theme: Avoidable accidents caused by corporate cost cutting that short-changes safety. And all to make an extra buck! Did Coach U.S.A, the corporate owner of this bus operation, cut corners on safety to save a buck and make an extra profit? Did they hire an inexperienced, undertrained driver who got lost on his way to Toronto, deviated from the designated route, and hit the bridge he never should have been driving under? Stay tuned. Investigation continues.

So, yes, the words “greed” and “profits at the expense of safety” crossed my mind. And this brought me down. But then I read another article in the Syracuse Post Standard online that made my heart soar. The passengers’ response was so “9/11”, as is appropriate on this anniversary of the tumbling of the Towers! In the mayhem that followed the bus crash, the less-injured passengers checked the less fortunate to see who was conscious, and attended to those who were moaning for help. And Red Cross (one of the principle responders at the original 9/11) again rose to the occasion, by making mental health counselors available to the distraught passengers, and by providing prescription medication to passengers who had lost theirs in the mayhem.

Syracuse Auto Accident Lawyer Discusses Syracuse Bus Crash Liability

September 11, 2010 | by Michael Bersani

At about 2:30 a.m. this morning, the top of a double-decker bus smashed into an overpass railroad bridge spanning the Onondaga Lake Parkway. The impact threw the entire bus on its side. The bus had left from Allentown, Pennsylvania, and was making its way to Toronto with scheduled stops in Syracuse, Rochester and Buffalo. There were apparently about 25 passengers on board, of which four are now dead, and several suffer serious injuries. A bus company spokesperson said that the driver had not made his scheduled stop in Syracuse, and that the bus was not on its scheduled bus route.

Our hearts go out to the families of the dead, and to the injured. Even those who are not seriously injured are undoubtedly experiencing severe emotional distress and post traumatic shock at this time.

As a Syracuse New York vehicular accident lawyer, I can tell you that this kind of accident cannot happen without some negligence or carelessness on the part of someone.

School’s Back! Help Avoid Central New York Car-on-Child Pedestrian Injuries and Death.

September 10, 2010 | by Michael Bersani

I hate reeling off statistics to make a point, but I couldn’t resist these: Children 15 and younger account for 22% of all pedestrians injured in traffic crashes. And 38% of child pedestrian fatalities occur in crashes between 3 and 7 p.m (after school gets out).

So what’s my point? School’s back in session. When you are out driving, watch out for kids, especially in the hours before school (7:00 to 8:00 a.m. or so) and after school (3:00 to 7:00 p.m. or so).

Unfortunately, since I handle New York pedestrian injury and death cases, I know too well, up close, the devastation that car-on-child collisions cause. This past year I had to represent the family of a 4-year old killed by a car. No amount of money could ever replace that loss, of course. It is indescribably tough on the family of the dead child, but it isn’t a cakewalk for the at-fault motorist either. Imagine the life-long guilt, shame, and remorse!

Seneca Lake Boat Accident Victims May Have Defective Boat Design Claim Against Boat Manufacturer

September 9, 2010 | by Michael Bersani

In a blog post earlier this week, I talked about last Saturday’s Seneca Lake boat accident that killed the owner of the Glen Harbor Marina and injured the Marina’s head mechanic. More recent news reports now indicate that the accident may have been caused by a defective steering system in the high-speed boat.

If in fact the steering system was at fault, the family of the deceased boating accident victim, along with the injured survivor, may both have a New York products liability (defective products) case against the manufacturer of the boat for marketing and selling a boat with a defectively designed or manufactured steering system.

The two men were test driving the high-speed boat when, according to the survivor (the Marina’s mechanic), the steering, on its own, started malfunctioning, causing a sharp turn that threw the two into the water.

Finger Lakes Boating Accident Lawyer on Recent Seneca Lake Boating Accidents

September 6, 2010 | by Michael Bersani

Tragedy struck Seneca Lake this Labor Day weekend. A fatal boating accident happened near Juniper Point in Yates County near the town of Starkey. Two men, one the owner of nearby Glen Harbor Marina, took a high-speed “cigar” style boat owned by the Marina out for a test drive. As the boat was traveling at about 80 miles per hour, the driver apparently took a sharp turn that sent both men flying overboard into the rough water. The boat continued to circle at a high rate of speed with no men on board. One of the men, apparently the driver, who was wearing a life jacket, was rescued by witnesses and suffered a broken sternum, but the body of the other, the owner of the marina, was not found until Sunday by using remote control vehicles. He was not wearing a life jacket.

In another accident, a canoe capsized in the middle of Seneca Lake where it is three- miles wide. One of the canoists was wearing a life jacket. albeit somewhat small for him, and was able to float by the canoe and await help, but the other, who had no life jacket, was forced to swim all the way to the shore in the rough water. Fortunately, he made it and avoided tragedy.

New York State boating law does not require boaters to actually wear their life jackets — it only requires there to be a life jacket in the boat for all boaters. But as a Finger Lakes boating accident lawyer , I can tell you from experience that actually wearing your life jacket is a very good idea. As these two accidents demonstrate, it is an especially good idea to put your life jacket on under obviously more dangerous circumstances, such as when traveling at night or at high speeds, when taking sharp turns, when an inexperienced boat operator is driving, on rough water, or in a small unstable vessel. Remember that even if you are an excellent swimmer, you may be rendered unconscious if you are ejected by a sharp turn, or by a collision with debris, other objects or other boats.

Syracuse Area Motorcycle / Truck Collision Case Is a “Slam Dunk”; Truck Driver “Failed to See” Motorcycle

September 3, 2010 | by Michael Bersani

As a Syracuse motorcycle accident lawyer, I can’t help but notice all the recent Central New York motorcycle accidents reported in our local press. There’s been about one every other day for the past two weeks. And the same pattern keeps repeating itself; the driver of a car or truck strikes or cuts off a bike because he just doesn’t “see” it.

In a recent blog I talked about how motorcycles are invisible to other motorists, and how bikers need to adjust their driving accordingly.

Here’s the facts about the latest Central New York motorcycle / motor vehicle collision: This morning a couple was injured on Route 298 (Collamer Road) at about 10:00 a.m. in the Town of DeWitt when their motorcycle was struck by a Ryder truck that pulled out of a cemetery driveway and crossed the motorcycle’s lane of travel. The driver of the Ryder truck admitted to police that he “did not see the motorcycle”.

Can New York Hospitals Be Shamed Into Preventing Hospital Medical Malpractice?

September 2, 2010 | by Michael Bersani

The Syracuse Post Standard reports today that the “central line” blood stream infection rate at the surgical intensive care unit of Upstate University Hospital fell to zero last year only a year after it had one of the highest infection rates in the State (8.3%). A “central line” is a tube or catheter inserted in a vein to draw blood or deliver fluids and medications to a patient. Infection can occur when bacteria travel down the tube or catheter and enter the blood stream.

The cause of the decline in the infections? The Hospital initiated an infection prevention program. The new program consisted of a checklist of steps aimed at avoiding infections, ultrasound machines to help place catheters more accurately, and a computer software program that reported daily on infections and their sources.

What spurred Upstate into initiating the aggressive infection prevention program? Its embarrassingly high infection rate in 2008, one of the worst in the State!