Central New York Injury Lawyer Blog

Upstate NY Bike Accident Lawyer On Anti-Bicyclist Bias

August 21, 2011 | by Michael Bersani

I read an interesting article in the New York Times today titled, “A new Breed of Lawyers Focuses on Bicyclists’ Rights.” The article focuses on a group of NY City Bicycle lawyers who are fighting a perceived NYPD prejudice against City cyclists. Cops have issued tickets to cyclists for not keeping right, which is the law in New York State generally, but not in New York City. Cyclists are also getting a lot of tickets for moving out of the designated bike lanes, even when they need to move out of the lane to avoid obstacles.

None of this really applies much to what I do as a Central and Syracuse New York bike accident lawyer, except for one thing: In a car-on-bicycle collision, I believe police tend to “blame the cyclist” more often than not, up here as well as down there. Many motorists, and police officers, feel deep down that cyclists are merely “in the way” of traffic, and should be able to avoid motorists.

Most people harbor this prejudice against cyclists because they aren’t cyclists, but motorists. As motorists themselves, people generally, and cops particularly, tend to side with motorists to the detriment of cyclists.

Ontario County New York Car Accident Lawyer Explains How Insurance Works For Victims Of Recent Gorham NY Auto Crash

August 16, 2011 | by Michael Bersani

Five people were injured yesterday afternoon when a car hit a utility pole in Gorham, Ontario County. The accident apparently happened like this: A southbound car carrying 4 passengers on Route 245 tried to pass a vehicle, didn’t see the oncoming vehicle until it was too late, and then swerved off the road to avoid a collision, striking the utility pole. Sadly, several of the victims are children.

Mistakes happen, and this driver clearly made a mistake by attempting to pass when it was unsafe to do so. Fortunately, New York car accident laws help innocent victims of careless driving recover for their injuries. And the insurance carrier for the driver (and owner) of the passing car will almost certainly be held financially responsible for this unfortunate accident.

What rights do the passengers have?

Why This Central New York Personal Injury Lawyer Insists That His Clients Not Speak To Anyone About The Accident Or The Case Without His Consent.

August 16, 2011 | by Michael Bersani

Here at Michaels Bersani Kalabanka, our standard personal injury retainer agreement contains a phrase that basically tells the client, “shut up” (please). Clients are not supposed to speak with anyone about the case or the accident without our consent. Why?

First, it’s pretty obvious why you should not speak to the defendant or the insurance adjuster. After all, their interests are adverse to yours. But what about others? What about that friendly neighbor of yours? Why shouldn’t you talk to him about your New York personal injury case?

Let’s say, for example, you tell your neighbor all about how your accident happened and all about your medical treatment since the accident. The insurance company thinks you’re faking or exaggerating, so they hire an investigator to snoop around the neighborhood. By that time your neighbor is mad at you for having called the police when he kept throwing loud parties. Now your neighbor “remembers” you told him the accident was all your fault, and you are not really hurt anyway. And that’s what he tells the investigator.

Syracuse New York Car Accident Lawyer: How a $100,000 Case Morphed Into A Million Dollar Case And Then Into A Multi-Million Dollar Case.

August 15, 2011 | by Michael Bersani

New York personal injury cases can take weird twists and turns, sometimes for the better, and sometimes for the worse. Here’s one that took a dramatic turn for the better, twice!

A client was badly, really badly, injured in an upstate New York car crash. But the at-fault driver (who was also the owner) of the car was insured for only $100,000, and all the evidence about him (where he lived, the type of vehicle he was driving, etc.) indicated he would have no significant assets beyond the insurance policy.

So I called my client into my office to give him the bad news: It looked like $100,000 was all that was available to compensate him for his terrible loss, including past and future medical expenses, a lifetime of lost wages, and a large dose of lifetime pain and suffering. You can’t get water from a rock, and this negligent driver looked like a really, really dry rock.

Central New York Injury Lawyer’s Blogging Gives Way To Preparing New York State Personal Injury Lecture

August 14, 2011 | by Michael Bersani

I haven’t had much time for blogging and I am sure that my many thousands (yea right!) of dedicated readers are wondering why.

Wonder no longer. Instead of blogging, I have been working on my review of this year’s New York case law regarding New York municipal and governmental liability. Every year I review and summarize new cases in this area of law for my fellow New York personal injury lawyers. Then, in the fall, I travel around the State (to Manhattan, Queens, Albany, Syracuse, Rochester and Buffalo) lecturing my fellow New York personal injury lawyers on the new developments in this area.

Some of you might be asking, “what is municipal and governmental liability“? Glad you asked.

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

August 4, 2011 | by Michael Bersani

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.

Cortland NY Tour Bus Accident: NY Lawyer Comments

August 3, 2011 | by Michael Bersani

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.

New York Playground Accident Lawyer Discusses Recent New York Times Article

August 1, 2011 | by Michael Bersani

I love the New York Times. Read it every day. That doesn’t mean I always agree with it. And here’s a great example.

A recent article by John Tierny explains that some playground “researchers” question the value of safety-first playgrounds. The researchers claim that, while it is “debatable” whether modern safety-minded playgrounds protect children from injuries, they hurt children by “stunting emotional development.” These academics believe that taking “risks”, such as the risk of falling from heights, is an important part of developing a healthy psyche. According to one of these head-in-the-clouds academics- a professor of Psychology – we should bring back the days of sky-high slides and jungle gyms, and see-saws too, because, while falls are common, “these rarely cause permanent damage”, and getting rid of those risks makes playgrounds boring and deprives kids of the opportunity to grow emotionally.

No offense Professor, but this sounds like bull_ _ _ _. And I have to wonder whether your research was funded by municipal insurers. Where’s your proof? The article doesn’t say.

Seneca Falls Personal Injury Lawer? Really?

July 31, 2011 | by Michael Bersani

With internet search engine optimization techniques, many New York personal injury lawyers from as far away as New York City pretend to be “Seneca County personal injury lawyers” or “Seneca Falls Accident Lawyers”. Just do a google search with those words and you will see what I mean. You can even do a search like “Waterloo personal injury lawyer” and those far away firms show up on page one.

Those far flung law firms are just fishing for cases all over the State. But they are not familiar with the Seneca County judges and juries. And that’s critical when trying a Seneca County personal injury or medical malpractice case. You have to know your audience. That’s why I would never post myself on the net as being a “New York City personal injury lawyer”. First, it wouldn’t be true. And second, personal injury and medical malpractice victims down there are best represented by lawyers from down there who “know the ropes” in New York City courts, and who understand jury mindsets in the City.

My law office is in Auburn, New York, and I live in Geneva New York, many of my personal injury and medical malpractice clients hail from Seneca Falls and Seneca County. Our law office handles many personal injury and medical malpractice cases in the Seneca County Courthouse. We know the judges, and they know and respect us. And we know the jury pool. And we are the only law firm near Seneca County who handles almost exclusively personal injury and medical malpractice cases. We don’t do real estate closings or transactional work or criminal defense. We do only one thing, personal injury and medical malpractice, because by doing only that one thing day in and day out every day, we get really, really good at it. And we do it on a regular basis in Seneca County, and that is why I can say without misleading anyone that we are Seneca County personal injury lawyers and “Seneca Falls personal injury lawyers.”

“Hey Mr. Tough Guy” — NY Injury Lawyer Explains What NOT To Do When You Get Injured In A NY Car Crash

July 30, 2011 | by Michael Bersani

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.