Central New York Injury Lawyer Blog

The Basics of New York Negligent Road Design Cases by Central New York Injury Lawyer

January 17, 2010 | by Michael Bersani

I have blogged many times about Central New York auto accidents. I have discussed recent Central New York car accidents and shown how one or more of the driver’s would most likely be found at fault. Today I want to discuss another type of car accident case: Specifically, I want to discuss New York defective road design cases, that is, cases where the accident is the road’s fault.

The road’s fault? Yes, sometimes car accidents are caused by the negligent design or plan of a road, street, or highway. Maybe it tends to accumulate too much water during rainy times. Maybe it was not properly marked with signs, or the speed limits were too high, or the shoulder or draining ditch was too deep, or there should have been guardrails, or the guardrails were not properly designed, or the trees or shrubbery were too close to the road, or . . . well, the possibilities are almost infinite.

If you are injured in an accident caused by a defective road design, can you sue anyone? Yes you can, but you have to prove more than just that the road could have been better. Roads in New York are designed, built and maintained by New York State, or its Counties, or other municipalities such as towns, in other words, some kind of government entity. Generally, New York State and its counties and towns have what is known as “qualified immunity” from liability for highway, road and street planning and design decisions. What does “qualified immunity” mean? Well, it means that just proving the roadway design was bad is not enough to win your case. You must also show that the road was built “without adequate study or lacked a reasonable basis”.

Geneva New York Snowmobile Injury Lawyer Blogs on Recent Wayne County Snowmobile Accident

January 13, 2010 | by Michael Bersani

The Geneva Finger Lakes Times reports today on a snowmobile accident last Friday in Farmington, Wayne County. Here’s what happened: Two snowmobilers were operating their sleds in an open field. One of the snowmobilers turned his sled into the path of the other, causing the second to be thrown, and his snowmobile to turn over onto his left arm, fracturing the two bones in his forearm. The accident happened in a field north of Green Road at about 6:00 pm. The injured snowmobiler was taken to FF Thompson Hospital in Canandaigua.

I recently blogged about the dangers of snowmobiling and how to minimize the risks associated with the sport. Snowmobile accidents don’t just “happen”; snowmobilers make them happen by negligent, careless driving. Here, depending on the facts, either one or both of the snowmobile drivers are to blame for this accident. From the facts as reported, it would seem that the snowmobiler who turned his sled into the path of the other would be legally liable for the accident.

Snowmobilers who use their snowmobiles off their own property are required to have liability insurance on their snowmobile. I hope that the at-fault driver here had insurance on his sled so that the other driver, with the help of a New York snowmobile accident lawyer, can tap into it to cover his medical expenses, any lost wages, and also get some compensation for his pain and suffering.

Central New York Injury Lawyer Discusses Legal Issues in Recent Yates County New York Construction Accident

January 13, 2010 | by Michael Bersani

The Geneva Finger Lakes Times reports today that a construction worker fell 12 feet through an unfinished stairway of a house under construction in Yates County, New York yesterday, and landed on the gravel basement floor below. The worker, of Geneva, was brought by Mercy Flight to Strong Memorial Hospital with head and internal injuries.

We wish the best for the injured worker and his family. Twelve feet does not sound like a lot, but I know from representing construction workers in similar falls that, when you are caught off-guard by it, a 12-foot fall is huge.

In these blogs, I try to apply New York Accident law to facts gleamed from local news reports. The question I want to address here is, does the injured worker have a New York construction injury case? The answer is: It depends.

New York State Trooper Struck by Tire Falling from Truck in Cayuga County Has Good Personal Injury Case

January 13, 2010 | by Michael Bersani

The New York State Trooper dutifully pulled his patrol car over for a distressed vehicle on the shoulder of the New York State Thruway in the Town of Brutus, Cayuga County, New York. He then got out, approached the car, and—– was struck be a flying wheel. A flying wheel? Yes, one that had apparently fallen off a passing vehicle.

Rendered unconscious by the giant frisbee, he was airlifted to SUNY (Upstate) hospital in Syracuse. Yesterday the New York State Troopers released a photo of the guilty tire (a kind of tire mug shot – shown here at left) in the hopes that someone will recognize it and blow its owner in. Judging from its size, and its rust, it appears to be the spare for some kind of small truck.

What if they find the tire’s owner? Will he be legally liable to the Trooper in a New York personal injury lawsuit for medical expenses, lost income and pain and suffering? Probably. Here’s how the law works.

Syracuse New York Accident Lawyer Explains How Camera Phones Are a Game-Changer for Personal Injury Cases.

January 11, 2010 | by Michael Bersani

Central New York accident lawyers and victims, and such lawyers and victims everywhere, owe a big debt to Philippe Kahn. Who’s he, you ask? Kahn invented, on a whim, the camera phone about 13 years ago (while he was waiting for his wife to deliver a baby — read full story in USAToday). Yes, that ubiquitous, ever-handy device that can snap a picture anywhere, anytime, was invented only 13 years ago!

Why do accident victims need to thank Kahn? Because they can just reach into their pocket, or pocketbook, pull out Kahn’s invention, point, click and — voila! – evidence preserved!

Two of our recent cases demonstrate what a game-changer the cell phone camera is for personal injury cases.

Syracuse New York Auto Accident Lawyer: Cayuga County Car/Train Collision Teaches Lesson on Railroad Crossing Dangers

January 9, 2010 | by Michael Bersani

The Syracuse Post Standard reports on a Cayuga County car accident last Thursday, in Sennett, New York. On a snow-covered Hidden Valley Road (near Route 5, a/k/a Grant Ave), a motorist drove his SUV into the side of a Finger Lakes Railroad train, which was traveling at only about 9 miles per hour. Fortunately, the motorist sustained only minor injuries.

Someone once said that the difference between a wise man and a fool is that the former learns from others’ mistakes and the latter learns only from his own. So be wise, and learn from this accident before it happens to you. Learn what? Two things:

First, wake up! In case you haven’t noticed, it’s winter (and a very snowy one) in Central New York. The roads are slippery, icy and snow-covered. Drive prudently. For tips on how to minimize your risks of car accidents in winter, read my prior blog on this subject.

Wyoming County Slippery-Road Car Crash Discussed by Upstate New York Auto Accident Attorney

January 7, 2010 | by Michael Bersani

The Buffalo News reports today a fatal Western New York car accident in the Town of Perry, Wyoming County, New York at about 8 a.m on Route 20A, near Smith Road. Driver number 1 was heading west on 20A when she lost control of her pickup, police said. Her vehicle crossed over into the oncoming lane of traffic. While this driver suffered injuries, the passenger of the oncoming car was killed. The driver of the oncoming car was also injured. Both were sent to Erie County Medical Center. A passenger in the back seat of one of cars was taken to Wyoming County Community Hospital.

This is a unusually sad accident. So many lives affected! Everyone involved is injured, and one is dead.

As an upstate New York auto accident lawyer who has represented victims of snow and ice-related car crashes in the Syracuse, Buffalo, Oswego and the entire upstate “snow belt”, I have personal involvement with such accidents on a regular basis. While it is easy to blame such accidents on the weather, New York car accident law does not see it that way. Every driver in New York has an obligation to maintain control of his or her vehicle. This means that motorists must adjust their driving to the weather conditions. In icy, slippery conditions, a driver must drive slowly, at a speed prudent for the conditions. Other adjustments must be made as well, for example, braking earlier and following other vehicles at a greater distance. Having good snow tires helps, too. In a previous blog post, I gave some other tips about how to drive in icy conditions.

Central New York Medical Malpractice Lawyer Explains Five Medical Malpractice Myths

January 6, 2010 | by Michael Bersani

New York medical malpractice attorneys,, like medical malpractice lawyers all over the U.S., are often blamed for high health care costs and other woes. But are they really to blame? No! This past November 2009, the American Association of Justice (AAJ) published a bulletin titled “Five Myths about Medical Malpractice“. It debunks, with hard statistics gathered by non-biased agencies, all the “medical malpractice myths” spouted out by the insurance industry and doctors’ PAC groups. Here is a summary of AAJ’s “Medical Malpractice Myths” bulletin:

MYTH #1: THERE ARE TOO MANY “FRIVOLOUS” MALPRACTICE LAWSUITS

Far from it. In fact there are hundreds of thousands of the medical malpractice victims each year, but very few medical malpractice lawsuits. 98,000 people die in hospitals each year from preventable medical mistakes, but only a small fraction of the families sue.. Many more suffer non-fatal injuries, yet still medical malpractice lawsuits are rare. Moreover, the number of medical malpractice suits is declining, not growing. Medical negligence filings dropped 8% between 1997 and 2006. According to the National Center for State Courts (NCSC), medical malpractice cases constitute only 3% of all tort (injury) lawsuits, and only a very tiny fraction of all civil lawsuits. Medical malpractice lawsuits are not only rare, but the few that are filed are general strong cases. The Harvard School of Public Health put researchers to the task of examining over 1,400 closed medical negligence cases and found that 97 percent were meritorious.

Syracuse New York Area Injury Attorney on the Under-Reporting of Accidents and Violations to OSHA.

January 5, 2010 | by Michael Bersani

From our perspective as lawyers representing Central New York’s injured construction workers in lawsuits against employers and construction site owners, it seems that there are a whole lot of OSHA scaffold, ladder and height-work violations in Syracuse and the surrounding areas. Every year without fail we file new lawsuits on behalf of injured construction workers who were caused to fall from scaffolds or ladders by safety violations. But apparently there may be more OSHA violations going on than even we could have imagined. A significant number of “hidden” accidents are never reported! Let me explain.

A little over a month ago, the U.S. Government Accountability Office (GAO), the auditing agency for Congress, reported that employers and workers routinely underreport work-related injuries and illnesses to OSHA. This means that the number of OSHA violations causing injuries is actually higher than OSHA reports.

Why are so many EMPLOYERS failing to report workplace accidents? The GAO believes it is because they fear workers’ compensation premium increases and scaring off prospective and lucrative clients from contracting with them.

Syracuse New York Area Accident Lawyer on OSHA’s 2009 Top-Ten Safety Violations

January 4, 2010 | by Michael Bersani

The U.S. Department of Occupational Safety and Health Administration, commonly known as “OSHA”, has released its “Top 10 Most Frequently Cited” violations for 2009. This list not only exposes the most frequently violated safety regulations in 2009, but also, in my experience, represents a pretty accurate list of the top 10 violations that, year after year, cause the most serious injuries in the workplace in New York. Here’s OSHA’s top ten list (with my editorial notes tagged on):

1. SCAFFOLDING, CONSTRUCTION (29 CFR 1926.451)

Note: The NUMBER ONE safety violation. Scaffold accidents are frequently caused when the planks or support boards collapse or slip off the scaffold frame, or when the scaffold worker slips and falls from the scaffold or is struck by a falling object that causes him to fall off the scaffold. In a previous blog post, I wrote about how injured New York scaffold workers benefit from a special Statute, Labor Law 240, which allows them to sue for compensation for such scaffold violations. We have represented many construction workers in scaffold accident cases.