Articles Posted in Accidents, Personal Injury and Wrongful Death

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Debris scattered on a highway has caused a crash in Syracuse, New York. According to Syracuse New York tractor trailer accident lawyers Bottar Law, PLLC, a semi truck struck a 14′ high bridge overpass on December 28, 2009, causing the eighteen wheeler’s cargo to fall off of the bed of the truck and onto the road. The truck driver drove away after the accident.

Emergency responders at the scene of the New York State Route 690 accident, located near the intersection Midler Avenue, found a driver who had struck debris injured. Another car stopped to avoid debris was struck from behind.

This type of crash is known as a low clearance incident. As many as 5,000 low clearance accidents occur every year, causing more than $100,000,000.00 in property damage and countless personal injuries. While the majority of tractor trailer versus bridge incidents are due to driver error, some low clearance incidents occur because the New York State Department of Transportation, or a county or town government, has failed to properly mark a bridge. Even if properly marked, paint fades and municipalities may have a duty to ensure that tractor trailer drivers are provided appropriate warnings regarding the height of an overpass.
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A Syracuse area man was killed in a snowmobile accident over the weekend. Mr. Beck was riding his snowmobile when he lost control and struck trees along the trial.

As many as 200,000 snowmobiles are sold each year. Most to married men over the age of 42, with one child and a household income greater than $70,000. Most snowmobile owners ride just under 1,000 miles per season. Hundreds of snowmobile accidents occur every season. Most involve collisions with fixed objects, such as trees, cars and embankments. Some accidents are due to operator error. However, snowmobile injuries also arise out of unsafe trails, poor lighting and poorly maintained equipment.
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Last Friday was the one year anniversary of the day that US Airways Flight 1549 crashed into the Hudson River. The Airbus 320 plane crashed crashed after the plane hit a flock of geese and lost power in both engines. Fortunately, the pilots were able to guide the plane to the ground safely during the the ninety (90) seconds between the time the plane lost power and when it crashed into the water.

Syracuse plane crashes are rare. The odds of being on a fatal airline flight are 1 in 8,500,000. That being said, planes do crash for various reasons, including pilot error, traffic control error, weather, fire, plane design flaws, negligent jet maintenance and mechanical failures.
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Route 81, a highway running north and south through New York State, was closed for more than two hours on Wednesday due to a 15 car accident. The NYS Route 81 accident, which involved rear-ending a tractor trailer, occurred at the South Sandy Creek bridge, in Southern Jefferson County. The driver of the car that rear-ended the tractor trailer reported back pain. No other injuries were reported.

Route 81 is one of New York State’s most significant roadways. It runs north and south across the State, spanning just over 183 miles from the Pennsylvania border near Binghamton, to Canada near Wellesley Island and Alexandria Bay. The highway has more than fifty (50) exists in five (5) counties, including Onondaga, Cortland, Broome, Oswego and Jefferson. Route 81 is heavily traveled, there are accidents daily due to careless drivers and negligent truckers, including those who text message while driving (despite the fact that it is illegal under New York State law).
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A Binghamton demolition project is underway at 39 Charlotte Street. Yesterday, Broome County workers began deconstructing the building to make way for new construction on the street. Charlotte Street is largely industrial. Binghamton residents are hopeful that removal of abandoned buildings will increase the potential for retail expansion into the area.

While demolition of the building is a step toward beautification of the City, it is a dangerous activity that places construction workers and manual laborers at risk for accidents, injuries and permanent disability. Injured demolition workers may be entitled to compensation.
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Countless roadways weave through Central New York. Everyday there are accidents on the New York State Thruway, collisions on I-81 and crashes on I-87, I-88, 481 and 690. These accidents cause serious injuries and permanent disabilities. Texting while driving is a major cause of car crashes and tractor trailer accidents.

University of Utah researchers recently announced statistics from a study on driving while texting. The psychologists reported that drivers who text while driving are six (6) times more likely to be involved in a crash. The risk for crashing increases for two reasons: (1) because drivers who text are not looking at the roadway, and (2) because of the brain drain caused by switching between up-close texting driving.

Because the reaction time of texting drivers is as much as 30% slower than non-texting drivers, it is illegal to text and drive in the State of New York.
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Yesterday, a New York construction worker was severely injured on the job when he was struck in the head by granite slabs intended for installation as a kitchen countertop. The injuries proved fatal.

The workplace death is under investigation by the Occupational Safety and Health Administration (OSHA). If there were OSHA safety violations, or of the worker was killed due to the negligence of anyone other than his employer, his family may be entitled to compensation for his pain and suffering and wrongful death.
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Injured construction workers increase in number every day. Many workers injured on the job live in Syracuse, New York, and in surrounding Central New York cities and towns, including Watertown, Oswego, Utica, Herkimer, and Binghamton. Many injured workers file lawsuits for their injuries. Generally, those lawsuits are filed against general contractors or those who own the property where the injury occurred. Most involve claims of construction site falls, laborers struck by falling objects, scaffolding accidents and machinery accidents.

Earlier this week, the New York State Court of Appeals issued a decision clarifying New York State Labor Law Section 240, which provides that “[a]ll contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”

The Court of Appeals held that the statute applied to the case, even though the plaintiff did not fall from a height. Rather, the plaintiff was injured when a heavy reel fell from a height and, because he was holding on to a rope wound around the reel, was propelled horizontally and sustained severe injuries to his hands. New York State’s highest court ruled: (1) that the worker’s injury was elevation-related, and (2) that the worker did not have to be struck by the falling object (reel) in order to recover under Labor Law 240.
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This week, the New York State Court of Appeals ruled in that a law protecting police officers from liability for police patrol car accidents does not apply if the police officer files a private lawsuit against another driver.

The law at issue protects policy officers from lawsuits if they are negligent (but not if they are “grossly” negligent). The facts were presented to the Court of Appeals were unique. A Broome County Deputy was injured while making a u-turn in his patrol car. His emergency lights were on in order to chase down a speeding driver. The deputy sued the driver who struck him. The driver alleged that the deputy was partly at fault. The deputy argued that he could not bear fault under New York State law. The Court of appeals disagreed with the deputy.
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Every day, thousands of UPS truck travel on our Central New York roadways, delivering packages to/from residents and businesses in Syracuse, Watertown, Utica, Oswego, Herkimer, abd Binghamton. From time-to-time, UPS trucks crash and drivers are injured.

Earlier today, a United Parcel Service truck was struck by a moving train at a highway intersection. According to local police department, the UPS truck had stopped for the train tracks, but was struck by the train before it cleared the tracks. The driver of the UPS truck was injured. Fortunately, there were no fatalities.
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