Central New York Injury Lawyer Blog

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.

And hands-free phones --- while still legal in New York --- probably won't be for long, given that all reputable studies show such use of your phone is just as dangerous as hands-on.

The only safe use of cell phones or smart phones while driving is NO use of them at all. And the only way that will ever happen is if you turn it off, or throw it in the truck where you can't access it.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Car Accident Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

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 . . .

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Car Accident Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

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.

And I already blogged about black Friday trample accidents here:

Black Friday Shopper Trampled -- Central NY Personal Injury Attorney Explains Liability

Hey, enjoy the bird and pie, and your loved ones and friends, but don't drink and drive, and be careful in those packed stores, ok?

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

News reports say that a driver carrying 3 passengers in Sennett crashed after swerving to avoid a deer. A 27-year-old Auburn female passenger was killed and four others were injured in the collision. The car struck a culvert, rolled over several times, and ejected three of the passengers. It seems that all of the passengers suffered fairly serious injuries.

These were young people -- late teens and early twenties. As the father of several kids that age, I can say that the parents are living my worst nightmare.

Finding enough insurance to fully cover all the injuries will be a challenge. To have the best shot at getting sufficient coverage, the passengers or their families should promptly retain a New York car accident lawyer to fully represent their interests, which includes investigating all potential insurance coverage.

Here's a short-form summary of what these unfortunate car accident victims are entitled to: All the injured, including the driver, will be entitled to no-fault benefits (up to $50,000 in combined lost wages and medical bills). The no-fault applications should be filed with the insurance carrier of the car within 30 days of the accident.

In addition, the passengers will be entitled to bring a claim against the driver and owner of the vehicle for bodily injury compensation beyond no-fault, including any additional lost wages, medical expenses, and pain and suffering.

But there probably won't be enough insurance coverage to fully compensate the victims. That's why the passengers, through their New York car accident lawyer, should investigate whether there is any "hidden" insurance (called "supplemental underinsured motorist coverage) in their own motor vehicle insurance policies, or in those of relatives who reside with them.

The family of the deceased passenger can bring a claim for no-fault "death benefits", and may also want to consider a wrongful death action to recover for the conscious pain and suffering of their loved one before she died, and for any economic loss to those the decedent may have been supporting.

Car accidents like this one are sad, life-altering events. Nothing can undo the harm, but promptly seeking out the right insurance coverage can avoid making a very bad situation even worse.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Car Accident Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

The Syracuse Post Standard reports that, after the fatal series of New York bus accidents this year (see my prior blog posts below), New York State troopers, and Department of Transportation officials, started cracking down on bus safety violations using, as a weapon of choice, surprise roadside inspections. The result? 530 bus drivers and 460 non-compliant buses have been removed from our roads for safety violations. Twenty two buses were inspected within Onondaga County alone, of which three were removed. Two of these were Greyhound buses.

What kind of violations are we talking about? Minor things? Hell no. How about one bus with 20 percent of its brakes out of adjustment. Or a driver failing to keep a week's worth of driving records (these are required to show that the driver has taken legally mandated "times off" from driving, which avoids the risk falling asleep at the wheel).

Does this kind of law enforcement work? You bet. The crackdown costs the bus industry money. It becomes cheaper for them to simply comply with the safety rules. It no longer "pays" to cut safety corners. And you and your family are safer. Which of course means that New York motor vehicle accident lawyers like me get fewer bus accident cases, which is absolutely fine with me, thank you.

Prior related blog posts:

NY Bus Accident Lawyer Update on Whitney Point, NY Tour Bus Accident

Cortland NY Tour Bus Accident: NY Lawyer Comments

Central New York Bus Accident Lawyer On Seneca County New York Thruway Bus Accident

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Motor Vehicle Accident Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Kudos to SU's Public Relations students, who have launched a campaign to dissuade their fellow students from texting while driving. Imaginative campaign, too. They are distributing "thumb bands" (think those ubiquitous yellow "LiveStrong" bracelets, but thumb size), with the word "pause" imbedded on them, to remind students not to employ that digit, or any other, on the smart phone while driving.

The campaign will be featured at Friday night's Virginia v SU football game at the Carrier Dome, where the thumb bands will be distributed, and students will be invited to jump online with their smart phones where they can pledge not to text while driving.

As I have blogged about many times before, driving while texting is even more dangerous in many ways than drinking and driving. In my job as a Syracuse and Central New York car accident attorney, I personally have noticed a big increase in the number of cross-over and rear-end collisions due to young people texting while driving within the last few years. National statistics bear out my personal observations; according to the National Highway Traffic Safety Administration, about 20 percent of crashes involve distracted driving, including texting, and most of these are drivers under 20 years old.

And by the way, texting while driving is also against the law in New York!

Thanks Newhouse students for getting on this issue in such a creative, fun way.

Related blog posts:

Syracuse New York Car Accident Accident Lawyer --- "Texting While Driving Kills!"

Driver Distraction Caused Minetto NY Car-On-Mororcycle Crash

How To Minimize Your Injuries In A Rear-End Auto Collision

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Car Accident Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Ok. Maybe I'm just a little picky. But I want people who drive down roads, at lease ones my family and I frequent, to be able to see. This might be due to a professional bias --- I am a Central and Syracuse NY car accident lawyer who actually knows, loves, and has represented, many victims of Central New York car crashes.

Yeah, I know, I'm just a chronic complainer, at least that's what the New York Department of Motor Vehicles (DMV) must think of me. I assume that's the case because, according to a new DMV proposed regulation, you don't even have to prove you can see to get your driver's license renewed in New York. Under the DMV plan, drivers would merely have to "certify" that they meet vision requirements. Talk about the fox guarding the hen house . . .

But not so fast DMV. Apparently, I'm not the only picky guy in town. Your decision to toss out the vision test requirement is under fire. County clerks and state legislators are aghast. When they read the news, they must have questioned their own eyesight. They then scratched their heads and heaved a collective, "WHAT??!!! The noise then reached the Governor's office, which announced Friday it will ask doctors to review the plan.

The DMV claims its decision was not "blindly" undertaken, but rather was reached because there is "no evidence that links poor performance on an eye test to getting into accidents". This sriikes me as odd, to say the least. I mean, if you can't see that pedestrian at 100 feet, how are you going to stop for her?

I suppose there is also no evidence that going to law school actually makes you a better lawyer. But --- here I go again --call me old fashioned -- wouldn't you rather have a law school graduate represent you?

Amazingly, six states already allow license renewals without eye exams. If you ask me, those states need to have their eyes --- and brains --- examined.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

The tractor trailer driver knew he was in trouble. He was blearing his horn as his tractor trailer careened out of control down the West Seneca Turnpike hill the other day in Syracuse. The brakes on the truck had failed. Six vehicle collisions later, three people were taken to the Community General and Upstate University hospitals with, fortunately, non-life threatening injuries.

Too many tractor trailer air-brake failures have taken too many lives. Faulty brakes contribute to about a third of all truck crashes in the United States. Very few trucks on the road are checked for brakes as well or as often as they should be. Brake inspections require time and labor, and trucking companies often choose not to spend the time and money doing them.

In other words, truckers and trucking companies cut corners to reap bigger profits, putting all of us at risk.

This West Senecca Turnpike disaster is the end result of such selfish decision making by truckers. Yesterday a DOT inspection of the truck found - surprise, surprise - that it had inadequate brakes, which was determined to be the cause of the crash.

And they wonder why New York truck accident lawyers love to sue them!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Since my last post on this Cortland area tour bus accident, news sources indicate that 28 of the 30 passengers on the bus were from Poland, and that, fortunately, most appear to have suffered only minor injuries. Police say heavy rain was falling at the time the bus left the roadway, and that the driver appears to have been going too fast for such conditions.

As I said in my last post, this is the third tour bus accident this summer in Central New York. Enough already! Let's be more careful everyone.

Under New York motor vehicle accident law, a bus driver, and his employer, are liable for injuries caused at least in part by speed that was excessive for the prevailing weather conditions, even if the bus' speed was below the posted speed limit. Reasonable drivers slow down on wet roads. Some tour bus operators have been known to put concerns about keeping to a fixed schedule, and avoiding delays, ahead of safety. Safety should always come first.

We have also learned from recent news releases that the bus company is Princeton Holdings, operating under the name "Amerpol Tours" out of Pennsylvania. The bus departed from Niagara Falls and was heading to Trenton, New Jersey.

Tour Bus Drivers -- Safety First, please!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Bus Accident Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

It's an epidemic. For the 3rd time this summer, a tour bus has been involved in an accident in Central New York State. This time a tour bus overturned in Whitney Point, between Exits 6 and 7 southbound on Interstate 81, just south of Cortland, at about 7:15 p.m. There were 28 passengers on board. Numerous injuries are reported and some passengers are still trapped in the bus, which is lying on its roof with its wheels in the air. Our heart goes out to all the victims. May they all escape unscathed.

On July 22, a Canadian tour bus bound for NY City and a tractor trailer collided and erupted in fire in the eastbound lanes of the New York State Thruway, in the Town of Junius, Seneca County, between exists 41 and 42. That accident came on the heels of another deadly tour bus accident in nearby Steuben County less than a week before. That tour bus departed from New York City and was bound for Niagara Falls. That accident appears to have been caused in part by a blown out tire. I blogged about both those accidents here.

Tour bus accidents, like almost all motor vehicle accidents, are caused most frequently by driver error. Victims have recourse against the negligent driver and his or her employer. In the case of a bus driver error, the driver's employer and bus owner are liable for any negligence on the part of the driver. In addition, under New York motor vehicle accident law, even if there is no negligence at all, the passengers are all entitled to "no-fault benefits". This is an automatic benefit available to all passengers of up to $50,000 in medical expenses and lost wages. New York bus accident victims need to consult with a New York bus accident lawyer to process these benefits, and also to claim compensation beyond no-fault for their pain and suffering and other damages against the at-fault driver, employer or vehicle owner.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Bus Accident Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Hey Mr. tough guy. You had a really good New York car accident case after that car pummeled you from behind. It was all his fault. You were just minding your own business waiting for light to turn green when --- bang! --- that bozo ran right into you. Then your head snapped back and forth like a bobblehead doll gone bonkers.

A Central and Syracuse New York car accident lawyer like me could probably could have gotten that bozo's insurer to pay you some good money for all you have been through --- the pain, the pills, the physical therapy, the trigger point injections, and the future almost certain fusion surgery. But you blew it. How? You refused medical treatment at the scene, and then tried to tough it out for a month before you finally dragged your butt into a doctor's office.

Now the insurance adjuster won't pay your claim. This is how she is thinking: This guy's neck pain can't have been caused by the car accident because he never sought medical treatment, or complained about pain, until a month after the accident. If he were hurt in the accident, he would have immediately, or at least the next day, gone to the hospital. If I take this case to trial, I can probably get the jury to believe he decided to milk his neck pain for all its worth by saying it started right after the accident when in fact it did not start until a month later and had nothing to do with this car accident.

Mr. Tough guy, next time you get clobbered in your car, or on your motorcycle, or wherever, especially if it is someone else's fault, don't take any chances. Don't assume you can tough it out, that it will get better on its own. If some part of you hurts, for Christ's sake, get to an E.R. and get it checked out. You are not in a good position to judge the seriousness (or lack of seriousness) of your injury. Leave that to the professionals. The extent of your injury might not become fully apparent until later. If you check out fine, all you have lost is a few hours in the E.R. instead of being home watching T.V. And a lot of E.R.'s have T.V.'s! And aside from protecting your health, you get the side benefit of having documented that your pain started when you were struck. Then the insurance adjuster won't be thinking you are scamming her, or that she can convince a jury you are scamming her. She knows, and I know, that jury's are very skeptical of personal injury claimants like you.

Now get ready for trial because your case won't settle. And take some extra pills with you --- you will be sitting in the courthouse all week.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

At about 1:30 a.m. last night, a Canadian tour bus and a tractor trailer collided and erupted in fire in the eastbound lanes of the New York State Thruway, in the Town of Junius, Seneca County, between exists 41 and 42. This is very close to where I live (Geneva) and work (Auburn). The tractor trailer driver was killed and about 35 of the 50 or so bus passengers were injured. Many of the victims were transported to area hospitals, including Geneva, Auburn and Newark-Wayne Hospitals, and some were brought to Rochester and Syracuse.

This tragedy comes on the heels of another deadly bus accident in Steuben County less than a week ago, which killed two and injured 35. That Steuben County accident appears to have been caused by a blown out tire. This most recent bus accident appears to have been caused by driver error.

Some folks might say that the Steuben County was no one's fault --- the tire just blew. Not so fast! From my experience as a New York bus accident lawyer, blown tires can be caused by, among other mistakes: (1) failure to inspect or change the tires on a regular basis; (2) placing improper tires on the bus; (3) a product defect for which the tire manufacturer can be held liable. Also, the driver may not have been trained to properly control the bus with a blown out tire, or may not have reacted properly.

As for this most recent Thruway truck-on-bus collision, it is almost inconceivable to a New York bus accident lawyer like me that no one was at fault. Except in the rarest of circumstances, when two vehicles collide, driver carelessness or error is the cause. It is not yet clear whether the tractor trailer or bus driver, or both, were at fault.

Our heart goes out to the victims and their families. If there is a silver lining, it is that, from my experience, both the bus and the tractor-trailer probably have $2 million or more in insurance coverage. And they'll need it, too, because the victims, whose lives will be forever changed, will need to be compensated. And insurance companies don't hand over money without a fight. The victims will need to hire an experienced New York bus accident lawyer to fight for their rights.

Mike Bersani

Email me at: bersani@michaels-smolak.com

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Owasco, New York's Emerson Park tradition of Third of July music followed by fireworks ended on a sour note this year. As pedestrians exiting the festivities were walking along Owasco Road toward Auburn after the fireworks at about 10:15, seven of them were struck by a car that was pushed into them by a pick-up truck. Thankfully, none of the injuries appear very serious. The victims were brought to Auburn Memorial or University Hospital in Syracuse. The drivers of both vehicles were young (only 19 years old).

We hope all the victims make a speedy and complete recovery. As an Auburn New York car accident lawyer, I am curious to know more about how this accident happened, and which vehicle's insurance will pick up the tab for the medical bills and any lost wages ("no-fault insurance"). Also, if any of the victims have a fractured bone, or an injury that keeps them out of work for more than 90 days, or that causes a long-term partial loss of use of a part of their body, they will likely qualify for "liability" coverage from one or both vehicles' insurance.

Will these young drivers have enough auto insurance to cover all these injuries? Most young people buy the cheapest insurance - which covers only $25,000 per injury/$50,000 per accident. Although the injuries appear modest, the policies could soon be depleted because so many were injured. On the other hand, under New York law, the owner of the at-fault vehicle is also liable, and those owners may turn out to be well-to-do parents (one of the vehicles was a Volvo), who might have significantly higher liability coverage limits.

Our advice to the victims? Call an Auburn New York car accident lawyer soon so that the insurance limits, and other important issues, are investigated as soon as possible. And get well soon!

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

I was right. In my last blog post I discussed the Minetto car-on-motorcycle collision. The car had drifted over into the motorcycle's lane of travel and collided with it. In my blog post, I said "my guess as to why this young driver crossed over? Driver distraction". I explained that, as a New York car and motorcycle accident lawyer, I have been representing more and more victims of distracted driver-related accidents, mostly caused by drivers texting or dialing while driving.

Well, on Friday the Syracuse Post Standard reported that the driver of the car had just received a text message and was looking for a pen to write with when she crossed over into the oncoming lane and crashed with the motorcyclist.

Moral of the story? Keep your eyes on the road, and off your cell phone, or other electronic device.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Hit-and-run car accidents happen more often that you think. As a Central and Syracuse New York car accident lawyer, I know. I have handled dozens of cases like that. And there was just a hit-and-run in Auburn, New York this week. News media report that an Auburn, NY resident was seriously injured Saturday at 1:45 a.m. when a hit-and-run car crashed into him while he was riding on his scooter on Division Street. The scoundrel drove off and left the poor scooter-driver high-and-dry -- and seriously injured. The police are asking anyone with information about this tragic, and despicable, act to contact them. So please do!

This same thing could happen to you, whether you are a pedestrian or in your car. Let's say the cops never find the bum who hit you. Where can you turn for help getting your medical bills paid, and your lost wages reimbursed? And against whom can you bring claim pain and suffering compensation?

The answer? "Your own automobile insurer". That's right, your own car insurance has a provision in it called "uninsured motorist coverage". That means that if an uninsured or a hit-and-run motorist strikes you as a pedestrian, or while you are in your car, you (and your passengers) can claim wage loss replacement and medical benefits ("no-fault") as well as liability benefits (generally "pain and suffering compensation") through your own "uninsured motorist coverage".

The trick is you have to notify your insurance carrier early on that you are making the claim. Otherwise the insurer might disclaim based on "late notice".

So if you are the victim of a hit-and-run - whether while driving your car or as a pedestrian, call your own auto insurer. Make an uninsured motorist claim. But also contact an experienced New York auto accident lawyer to help you. He or she can guide you through the process. If your insurance carrier refuses to give you a fair settlement for your pain and suffering compensation --- and that's not unusual - you will need your lawyer to fight for you.

By the way, even if you don't own a car or truck, and you are struck as a pedestrian by a hit-and-run driver, you can seek the same kind of insurance coverage through a New York State-regulated agency called the Motor Vehicle Accident Indemnification Corporation (MVAIC). And you will definitely need a lawyer to guide you through that process.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169