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In recent years, the ubiquity of Amazon delivery trucks has become a symbol of modern convenience. However, amidst the rush to meet demands and fulfill orders swiftly, a darker reality has emerged. These vehicles, while efficient in delivering packages at breakneck speed, have also been implicated in a rising number of accidents. The negligence associated with Amazon delivery trucks has posed significant risks to road safety.

Believe me, I know.  I am a Syracuse NY car accident lawyer currently representing, in a wrongful death case, the family of man killed by an amazon delivery truck. The amazon delivery truck driver was too busy looking at mailbox addresses on a rural road to bother looking ahead before he started turning left into a driveway.   The Amazon driver never saw my client’s vehicle because he never looked.  Instead of delivering an amazon package, the Amazon driver delivered death to my clients’ father/husband by turning directly into his path.

One of the primary issues contributing to these accidents is the immense pressure on drivers to meet demanding delivery schedules. Amazon, known for its commitment to fast delivery, often sets stringent deadlines, compelling drivers to navigate congested streets and highways with little room for error. This rush frequently results in speeding, reckless maneuvers, and fatigue-driven errors among drivers striving to fulfill their delivery quotas.

Proving roadway design liability in New York State involves navigating a complex legal and technical terrain. If you were involved in an automobile crash that you believe was caused by a faulty roadway design or negligent maintenance of the roadway, you absolutely must hire a New York defective roadway design lawyer with experience in this rather daunting sub-specialty of personal injury law. What follows is a breakdown of the main issues your lawyer will need to address in your defective roadway case.

Whom to Sue?

One of the first considerations is whom to sue.  Usually, the owner of the roadway is responsible, or whatever entity “controls” it, though there are situations where a private contractor may also be held liable. It is not always clear to a lay person who owns or controls the roadway.  In New York, it can be a Town, County, Village, City or the State of New York. Sometimes it is a combination of these entities.  Thorough research must be conducted to ensure the right entities are being sued.

In recent years, an alarming trend has emerged on the roads in the USA (but weirdly, not anywhere else) including New York State where this New York car accident lawyer practices law:  a huge uptick in car accidents involving pedestrians, especially at night. Why?  And why only in the USA?

First, as the sun sets and darkness blankets the streets, the risks for pedestrians always amplify. One of the significant contributors to the increased accidents involving pedestrians at night is reduced visibility. As daylight fades, visibility diminishes, making it challenging for drivers to spot pedestrians, especially in poorly lit areas or where street lighting is inadequate. Additionally, factors such as glare from headlights, distractions within the vehicle, and impaired visibility due to adverse weather conditions further compound the risks.

But the factors above have always been a problem.  Why are nighttime pedestrian accidents increasing now?  Take a look today’s New York Times for a possible answer:  In most parts of the world, drivers still have to shift gears as they drive, and thus are deprived of the easy opportunity to be simultaneously using their phones.  Manual shift vehicles in the USA are quickly disappearing from our roads.   US drivers are thus more readily able to engage in texting, emailing and checking their calendars as they drive compared to, for example, their European counterparts. This explains why this uptick is occurring only in the USA, where shift-vehicles are disappearing, and not elsewhere.

We are pleased to announce that Michaels Bersani Kalabanka P.C. has been recognized as a “Tier 1” law firm (top category) in three areas of litigation in the 2024 edition of Best Law Firms Rankings®: Personal Injury, product liability and professional malpractice.

We have lost track of how many years in a row we have been ranked in Best Law Firms, but it’s quite a few!

In addition, our attorney Mike Bersani has once again been recognized this year as the “the Lawyer of the Year” for representing victims of professional malpractice in the Syracuse metropolitan area. This is the third time in four years that he has been named “the best lawyer” in the category of personal injury or professional malpractice by Best Lawyers in America®

Michaels Bersani Kalabanka proudly announces that all three of its lawyers – Lee Michaels, David Kalabanka, and Michael Bersani – have once again been recognized as “Best Lawyers” in this year’s Best Lawyers in America publication. The Best Lawyers awards are based entirely on peer review. That means that other lawyers, and judges, rate the skill and ability of the lawyers who appear in the publication.

Michaels Bersani Kalabanka is a boutique personal injury and professional malpractice law firm based in Auburn, just outside of Syracuse. Other lawyers, and judges, have for many years given us the high ratings that allow us to appear in Best Lawyers in America in recognition of our excellence in representing personal injury and professional malpractice victims.

In addition, Michael Bersani was selected this year as “Lawyer of the Year” for representing professional malpractice victims. This is the third time in four years that Michael Bersani has received a “Lawyer of the Year” award either for representing personal injury or professional malpractice victims.


Legal malpractice occurs when an attorney breaches their duty of care, resulting in harm to their client’s interests. Proving legal malpractice in New York State requires establishing four essential elements, each of which must be meticulously supported by evidence and legal expertise. This article will outline the steps and considerations necessary to navigate the complex process of proving legal malpractice in the Empire State.

  1. Establishing the Attorney-Client Relationship

Several years ago, Lee Michaels, our senior member, was asked and agreed to endow a significant scholarship and award at Syracuse University College of Law recognizing a second-year top trial or appellate advocacy student.  The primary goal in initiating this scholarship/award was to help a worthy student, but it was also aimed at attracting fresh applicants interested in advocacy to the law school.

This year we are pleased to introduce to our readers the fifth winner of the Lee Michaels Award and Scholarship:  Mahogani Counts.

The photo, from left to right, shows Lee Michaels, Mahogani and Professor Tod Berger, who heads the Advocacy Program at SU Law. (Photo attribution: Chuck Wainwright Photography).

If you are injured, or if your loved one is killed, in a trucking accident, you need to make sure the attorney you hire to bring a personal injury or wrongful death case is familiar with federal trucking law safety regulations and laws.  Proving that one or more safety rules were violated and contributed to causing the accident is crucial.  In this blog post, I am providing my readers with some (but not all!) of the important safety regulations we trucking accident lawyers regularly rely on in setting up a trucking accident personal injury or wrongful death lawsuit.

Before I get into the rules, though, just a short overview of why trucking safety rules are so important.  Obviously, transportation plays a vital role in facilitating trade and commerce across the country. Heavy commercial trucks are a critical component of this industry, responsible for the efficient movement of goods. But given their size and weight, heavy trucks can cause massive damage, and thus ensuring the safety of these vehicles and their drivers is of paramount importance. The United States federal government has thus implemented a comprehensive set of safety requirements to regulate heavy commercial trucks. These requirements aim to mitigate risks, reduce accidents, and safeguard the well-being of all road users.

Without further ado, here are some of the major rules:

As my regular blog readers know, this Central New York personal injury lawyer is also a huge bicycle devotee.  I have been cycling for pleasure and exercise for decades.  I have also been representing injured cyclists for decades.  But since I’d rather save my fellow cyclists from the heartbreak of a bike injury than help them recover from one afterwards, I am once again posting some reminders regarding New York’s bicycling safety laws.  If you’re planning to ride a bicycle in New York, it’s important to be aware of these laws to avoid any legal troubles and ensure your own safety.

First, as in all States, cyclists here are required to ride in the same direction as traffic. Bicyclists are not permitted to ride against traffic. Doing so is especially dangerous when you approach an intersection as the vehicles turning toward you will not be expecting you there.

In addition, bicyclists in New York are required to ride as close as “reasonably” possible to the right-hand curb or edge of the roadway, unless they are preparing to make a left turn, passing another vehicle, or avoiding hazards on the road, in which case they are allowed to “take the lane”.

Here is a rough summary of your New York slip-or-trip-and-fall lawyer’s tasks:

  1. Gathering Evidence

The first step in presenting a trip or slip and fall case starts long before trial.  It is to gather evidence, including photographs and videos of the accident scene and the specific hazard that caused the fall, witness statements, medical records, and other relevant documents.  Measurements of the hazard and the area should also be taken. In slip cases, the weather reports for the area may be crucial.

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