Central New York Injury Lawyer Blog

Central New York Accident Lawyer Gives Hiker Safety Tips

July 6, 2010 | by Michael Bersani

Yesterday I blogged about New York personal injury liability for a Park owner’s failure to properly maintain trails and hiking areas, and for failing to place appropriate warnings signs. What sparked off that blog entry was a tragic hiker accident in Letchworth State Park in which a 19-year old hiker fell to his death into the gorge.

Now let’s discuss common sense safety rules for hikers that can prevent many tragedies on the trail. A hiker is, in the first instance, responsible for his or her own safety. A safe hike begins before the hike. Proper preparation and planning, including making a pack list, which should always include: proper clothing, footwear, appropriate gear, a cell phone, a compass, or a gps navigator, plenty of water, food and a first aid kit.

Learn about the area you are hiking ahead of time. Take recent guidebooks and maps of the area with you. Check weather forecasts before you set out. Do not attempt a hiking excursion that is beyond your physical abilities or health limitations. Let friends or family know where you plan on hiking and when you plan on returning. Bring lots of water on a hot day.

New York Hiker Accidents: Can the Park or Land Owner Be Held Liable under New York State Personal Injury Law?

July 5, 2010 | by Michael Bersani

Letchworth is one of several upstate New York State parks. It is the deepest gorge anywhere east of the Rockies and is sometimes called “the Grand Canyon of the East”. I personally have spent many splendid, sun-drenched days hiking its trails, and driving or bicycling around its “rim” to take in the spectacular view. It is “gorge-ous”!

But unfortunately, it can also be deadly. Case on point: Local news media sources report that a 19-year old hiker died after suffering a 300-foot fall into the gorge at around 9:30 p.m. this Saturday. No other details are available. What makes this tragedy (only 19 years old!!) so, well, tragic, is that it could almost certainly have been avoided.

Although hiking, especially in State Parks, is a healthy, enjoyable good-weather activity, two human failings (or a combination of them) cause almost all injuries or death on the trail: (1) The Park owner’s failure to properly maintain the trails and area and to place appropriate warnings signs and (2) hikers’ failure to follow common sense safety rules. In today’s blog post, I will talk about number (1), and in tomorrow’s, number (2).

Fourth of July Safety Tips from Your Central New York Personal Injury Lawyer

July 3, 2010 | by Michael Bersani

Fourth of July, Independence Day, or whatever you want to call it. It’s here! And in New York, where private fireworks are illegal, many citizens are pitted against the law. I personally spend the evening of the Third on Otisco Lake, which is illuminated like a roman candle by private fireworks displays, though I don’t buy or handle fireworks myself (sounds kinda corny, but I like to obey the law!)

If you ARE going to “do” fireworks, here some fireworks safety tips from your Central New York injury lawyer:

Use fireworks outdoors only.

New Law in New York Will Make Cars Passing Cyclists Give Them a “Safe Distance”

July 1, 2010 | by Michael Bersani

I am a regular reader, and admirer, of Elmira bicycle accident attorney Jim Reed’s New York Bicycle Accident Lawyer Blog. Jim is always one of the first to post updates on bike equipment recalls and changes in New York laws that affect cyclists. So I was not surprised to read Jim’s blog post today in which he notified his readers, and me, about a new pro-cyclist New York bill (called “Merrill’s Law”) that is making its way through the legislative process in Albany right now. According to Jim, with a little luck, it will become law this November. The new law will require motorists to keep a “safe distance” from cyclists while passing.

Well gee, about time! Until now a motorist could legally bring his car within inches of your bike and, as long as didn’t sideswipe it, he was not violating the law. That makes no sense! And as Jim and I both know from our years of representing New York bicyclists injured by cars, it makes for bad injuries, too. So it’s a good thing the law is changing (we hope!).

This new law reminds me of a story my brother Tom Bersani told me. He, like me, is an avid cyclist. He took a trip to Italy a few years ago and brought his bike along. Under Italian law, motorists are required to keep a distance of 6 feet or so from bicyclists. As he was climbing a long, winding mountain road on his bike, a long line of cars trailed him. The motorists could not safely pass Tom while giving him the mandatory 6-foot distance, so they stayed behind him. When the road finally straightened out, Tom noticed that several car windows began rolling down as they passed him. He expected the Italian equivalent of a one-finger salute, or some Italian profanities to be hurled at him for slowing them down. But instead they shouted, “bravo, bravo, bravo!” They were congratulating him on his hill-climbing stamina! I guess Italians really love cyclists!

Auburn New York Dog Bite Case Perfect Example of New York Dog Bit Liability

June 28, 2010 | by Michael Bersani

The Syracuse Post Standard reported today that an Auburn, New York police officer suffered muscle wounds and injuries requiring stitches after a pit bull attacked him Sunday night. The officer had walked up a driveway on East Genesee Street to investigate some smoke coming from the back (it turned out to be a pit fire), when a large pit bull charged at him from the porch with such fury that it broke free of its tether. The dog sunk its teeth into the officer’s right arm and right upper leg before the dog’s “dog sitter” pulled the dog free of him.

After years of handling Central New York dog bite cases, I read newspaper articles like this somewhat differently than most people. I “analyze” the case from a “liability” perspective as I read. It’s a professional hazard!

But now that I am on the topic, let’s talk about the liability issues in this case. Is the dog owner, who was not home, liable to the officer? What about the dog “sitter”? Is anyone liable? After all, the dog broke free of its chain, so the owner, or the sitter, had at least taken the precaution of tying the dog up. Does it matter whether they had tried to be careful in securing the dog?

Federal Law Regarding Compensating Wrongful Death at Sea Is, Like New York’s Wrongful Death Law, Unfair and Harsh

June 25, 2010 | by Michael Bersani

Laws should be fair and just, but are sometimes unfair and harsh. Think of the laws that allowed slavery, and later the Jim Crow laws. Think of the Nazi laws that allowed Jews to be arrested and deported or worse just for being Jews. Or think of the Roman laws that allowed Jesus to be crucified. All these laws were perfectly “legal” and they were carried out “by the book”!. So don’t think that just because it’s the law, it’s right.

Those, of course, are extreme examples of unfair, harsh laws. But lesser examples of harsh, unfair laws abound in our law books even today.

The families of the 11 workers who died in the Deepwater Horizon explosion are now discovering how unfair and harsh one of our laws is. In their lawsuit against BP for the loss of their loved ones, they are limited, by a 90-year old Federal law, known as the Death on the High Seas Act, to “pecuniary loss” compensation, which consists mostly of lost income stemming from their loved one’s death. They have no right at all to claim compensation for their grief, loss of care, comfort and companionship, and emotional suffering.

Intoxicated Motorist Who Caused Syracuse Car-on-Motorcycle Crash Gets Jail Time.

June 23, 2010 | by Michael Bersani

The Syracuse Post Standard reports that a Baldwinsville man got a one-to-three year jail sentence for seriously injuring two motorcyclists last fall in a Syracuse, New York car-on-motorcycle collision. He was driving through the intersection of Hiawatha Boulevard and State Fair Boulevard in Syracuse with a .08 blood-alcohol count when he turned left into an oncoming motorcycle. The driver of the motorcycle ended up having the lower part a leg amputated. The motorcyclist’s passenger also suffered leg and back injuries in the crash, and still walks with a cane.

From my experience as a Syracuse New York motorcycle accident lawyer, I can tell you this is an all too common car-on-motorcycle crash in three ways: (1) the car turned left in front of the bike, violating his right-of-way (a very common cause of car-on-bike crashes); (2) the motorist clearly failed to see the motorcycle (also very common); (3) the motorcyclist lost a leg (a common injury in motorcycle accident cases – we represented a cyclist last year who had to have a leg amputated as well); and (4) alcohol was involved (again, far too common).

What are these New York motorcycle accident victims’ rights (besides seeing this guy go to jail)? They both have a strong claim under New York motor vehicle accident law for compensation from the driver, and from his insurer. The problem is this: I can almost guaranty you that his insurance policy won’t have a high enough limit to fully compensate these horrific injuries. And the motorist himself, now in jail and with no income, won’t be able to contribute a dime. So these Syracuse motorcycle accident victims will probably just remain under-compensated (unless they have something known as “SUM” coverage in their own motorcycle insurance policy, which I will discuss in a later blog). Unfortunately, this too is all too common.

Heroism Saves Life in Palmyra New York Head-On Motor Vehicle Collision

June 22, 2010 | by Michael Bersani

True heroism is rare. Strictly speaking, sports figures are not “heroes”. In order to be a true “heroe”, you must risk your own life to save someone else’s.

This past June 10th, two true local heroes saved a life, all while risking their own. Joseph and Anna Buttaccio of Newark were just passing by on Route 31 in the Town of Palmyra when they saw a head-on collision between two cars. One of the cars then left the roadway and burst into flames. Disregarding risk to their own lives, the two heroes reached into the burning wreck and dragged the driver to safety. They suffered burn injuries themselves, but, fortunately, they don’t appear to be serious.

The driver whose life they saved was air-lifted to Strong Hospital, where he remains in guarded condition. He suffered not only severe burn injuries, but also a traumatic head injury, including a fractured skull. Although this driver appears to have been at fault for the collision (he had crossed over into the oncoming car’s lane of travel), and may have to answer to criminal charges (the driver of the other car is very seriously injured, too), and will almost certainly be a defendant in a New York motor vehicle accident lawsuit, for now he should simply be grateful to be alive. And that he owes to the Buttaccios of Newark.

Central New York Injury Attorney Explains that Child Drownings Are Preventable in Many Ways.

June 21, 2010 | by Michael Bersani

This photograph was taken at the Geneva, New York YMCA swimming pool last Friday, June 18. That big kid in the middle who looks a lot older than the others is me. The occasion was the last Friday evening swim outing of the school year for the Boys & Girls Club kids of Geneva. Every Friday after work during the spring months I take about 11 of them with me in a van to the YMCA pool where I teach them how to swim and to safely enjoy the water. Most of them have never been in the water before they came with me. Some of them stay with me for several years.

Why do I do it? Lots of reasons, really. Giving back to the community. Really caring about children (I have five myself!). Paying back a debt I owe to the world for being so damn lucky in life. But here’s another reason: To save lives.

You see, drowning is the second leading cause of accidental death among children. And one demographic in particularly at risk. Which one? Take another look at the photo. Yes, mostly African American kids. As discussed in a recent ABC news report, black children drown at three times the rate of white children. This is because while 60% of white children can swim, only 30% of black kids can.

Motorists Who Crash into Bicyclists Believe Cyclists Are Magic!

June 17, 2010 | by Michael Bersani

Handling Central New York bicycle accident cases has its draw backs when you are also a bicyclist. It ruins your fun. You can’t ride without thinking about the guy you are representing who may never walk again because a car at an intersection “didn’t see him” and did him in. Or the guy who got pummeled by a dog that charged straight into his back wheel and sent him crashing to the pavement, causing traumatic brain injury (TBI).

So as I am out on the road trying to relax, I see every car as the enemy. Every dog is a potential lethal missile. My wife says I should either change professions or change pastimes. But if you know me you know I’ll do neither.

And I wish I had a penny for every time I have heard a motorist who took out a cyclist say “I didn’t see him” or “he came out of nowhere”. Once the bike-striking-motorist gets lawyered up, it gets even better. At deposition he will say, “I looked carefully to the left, I looked carefully to the right, then I looked carefully straight ahead, then I made my turn, and — boom — there he was, out of nowhere”!