Syracuse Injury Lawyer Blog

Whether a person has a "mild," "moderate" or "severe" traumatic brain injury (TBI) is governed by the Glasgow Coma Scale. A score of 13-15 is a "mild" injury, a score of 9-12 is a "moderate" injury, and a score of 8 or less is a "severe" injury. 75% of brain injuries are considered "mild." However, the consequences of a mild traumatic brain injury (MTBI) frequently are not mild and, in some instances, never go away.

Recently, a physician from New York University's School of Medicine, reported that resting-state magnetic resonance imaging (an MRI) can be used to identify a mild TBI. Apparently, a resting-state MRI can identify increased thalamic resting-state networks (RSNs) and reduced symmetry. "We welcome additional radiological imaging to identify what really is a silent epidemic," said Michael A. Bottar, a New York traumatic brain injury attorney. "Until recently, medicine said that you were fine if you did not fracture your skull, and had a normal CT and/or MRI. We know, from experience, that some people who experience a MTBI have no outward signs of injury. Even so, they are never the same."

Some signs and symptoms of a MTBI include: transient confusion, disorientation, loss of consciousness or altered consciousness, memory dysfunction, headaches, dizziness, irritability, fatigue and poor concentration.

According to the CDC's Report To Congress On Mild Traumatic Brain Injury In the United States, "MTBI is a public health problem, the magnitude and impact of which are underestimated by current surveillance systems."

At 1:30 a.m. this morning, a tour bus traveling from Canada to New York City was struck from behind by a Matrix tractor trailer carrying seven tons of ball bearings. The New York State Thruway accident occurred in the eastbound lanes, near the Waterloo Premium Outlet mall. The driver of the tractor trailer was killed and dozens of tour bus passengers, many from Canada, where injured and transported to hospitals in Syracuse and Rochester.

According to Syracuse bus accident attorney Michael A. Bottar, Esq., of Bottar Leone, PLLC, a Syracuse-based law firm with experience prosecuting New York tractor trailer accident lawsuits, including cases for people injured in an accident on the New York State Thruway, "this is the second tour bus accident in upstate New York this week. Since Sunday, when a Bedore Tours bus left I-390 and crashed, three people have lost their lives and more than 50 people have been injured."

The reason for the Matrix crash, which caused the involved bus and tractor trailer to catch fire, is under investigation. Early reports suggests that the tour bus had been stopped on the shoulder of the Thruway and was attempting to return to a lane of eastbound travel when it was rear-ended by the tractor trailer.

On Sunday, just 10 months after a Megabus traveling from Philadelphia to Niagara Falls crashed into a bridge in Syracuse, New York, a tour bus en route from Washington, D.C. to Niagara falls crashed in Steuben County. The New York tour bus crash happened at around 4:15 p.m., in the Town of Avoca, when the tour bus left the right, northbound shoulder of I-390, proceeded down an embankment and drove into a wooded area. The Bedore Tours bus crash killed two passengers and injured nearly three dozen others. Preliminary reports indicate that a tire blowout might have caused the wreck.

According to New York State News on the Net, the two passengers killed, Shail Khanna and Sakina Kiazar, were from India. Michael A. Bottar, of Bottar Leone, PLLC, a New York personal injury attorney representing several individuals injured in the 2010 Syracuse Megabus crash added that "a husband and father of two from India was also killed in the Megabus tour bus crash. Anyone injured or killed in the accident has rights, whether or not they live in New York or are United States citizens," Bottar added.

"We often work with individuals and families from other states or countries who have lost a loved one in an accident in the United States." With offices around the State of New York and nearly three decades of experience prosecuting complex personal injury cases like tour bus accidents, including last year's Megabus accident (read more here), the legal team at Bottar Leone, PLLC has the institutional knowledge and resources necessary to help the victims of mass casualty events recover for pain and suffering, lost wages and permanent disabilities.

Who you hire to represent you and/or your family does matter, as all lawyers are not created equal. If you are interviewing attorneys, you may want to ask s/he the following questions: (1) Are you licensed to practice law in the State of New York? (2) Are you based in upstate New York where the accident occurred, or in New York City? (3) How long have you been in business? (4) Have you ever appeared in court in Steuben County? (5) Have you ever handled a crash involving a tour bus crash?

A large explosion occurred early today in Salem, New York, a small town located approximately 50 miles north of Albany. According to witnesses, a two story house was destroyed. Debris from the blast, including cinderblocks, was found more than 50 yards away. Neighbors reported hearing the blast for miles. The explosion caused the death of 5 people, and injured 6 others.

"We have been retained throughout the State of New York to investigate explosions like this one, and to determine the cause of other catastrophic events such as a building or bridge collapse," said Syracuse personal injury lawyer Michael A. Bottar, of Bottar Leone, PLLC. "Typically, we try to get to the scene as soon as possible so that we can take pictures and have one or more experts we work with conduct an investigation. Often, our own investigation runs parallel to fire or police department investigations. Sometimes, our experts uncover evidence missed by the authorities."

According to Syracuse.com, area police suspect that a propane leak may have caused the explosion. Propane is a three-carbon alkane, usually a gas, that is heavier than air. The "weight" of propane causes it to sink into low-lying enclosed spaces. This creates the potential for an explosion. If propane caused the Salem explosion, there are a number of entitles that could be liable for the injury and wrongful death of nearly a dozen New Yorkers, e.g., the manufacturer of the propane tank, the company that installed propane tank and/or the company that fills the propane tank. In addition, if the people involved were renting the house, the owner of the home could be liable for damages. In certain circumstances, town and county municipalities may also be liable for an explosion, or structural failure, if one or both improperly issued a building permit or certificate of occupancy. "It's too early to tell," Bottar added.

To speak with a New York personal injury lawyer at Bottar Leone, PLLC, a Syracuse-based law firm with nearly three decades of experience handling only complex personal matters, contact us at 800-336-5297 or info@bottarleone.com.

The latest in a string of New York boating accidents occurred yesterday on New York's Hudson River, near Tivoli when, at around 6:30 a.m., a nineteen foot Chris Craft boat collided with a concrete structure near the eastern shore of the river. According to reports, Joseph Vehnick called 911 after reaching shore. Jessica Hotailing also survived. John Uvino, Robert Macarthur, Deena Cordero and Jay Bins were killed in the crash.

According to Syracuse boat accident lawyer Michael A. Bottar, "nationally, more than 600 people die every year in boating accidents, including on New York's waterways." Bottar added, "while most people are injured when two boats collide, the number three cause of death and injury is collision with a fixed object." Recent United States Coast Guard boating accident statistics can be found here.

Liability for a death or injury that occurs as a result of a boating accident can fall on a number of parties, including the boat's owner, the boat's operator, a bar or restaurant (if alcohol was involved) and a town, county or the state if, for example, a waterway is improperly marked. Examples of improper markings include the failure to identify a known hazard with a buoy, the absence of channel markings, and blown buoy or channel lighting.

Prompt investigation into the cause of a boating accident can mean the difference between a viable claim against a negligent party and no avenue for recovery.

Earlier today, two CSX employees abandoned a moving locomotive just seconds before a collision with another train. The New York train crash occurred in Dewitt, near Court Street. According to Syracuse.com, witnesses reported that it felt like an "earthquake" when the trains collided. Several cars derailed.

New York train accidents are more common than one would think. According to the Federal Railroad Administration (FRA) database, CSX has been involved in more than 80 accidents since 2008. The majority of these accidents were due to track switches that were improperly aligned. Per the FRA, other causes of CSX train accidents include the use of excessive horsepower, human factors (i.e., human errors), improper instruction, defective equipment and fouled tracks.

"We have handled several train accident cases over the past decade," said Syracuse personal injury lawyer Michael A. Bottar, Esq. "Each case has involved negligence on the part of the railroad, e.g., ignoring warnings about pedestrians crossing the tracks, speeding, improper track maintenance, and failing to use appropriate signal lights and warning devices." Cases against the railroad are complicated because evidence necessary to establish railroad liability frequently goes missing. Things like speed tapes, event recorders and dispatch or inspection records quickly vanish. Bottar added, "a review of published court decisions reveals that several motions against railroads for the destruction of evidence. This pattern of behavior is suspicious, to say the least."

Continue reading "CSX Train Crash In Syracuse Closes Albany To Buffalo Train Tracks" »

A Syracuse man was killed on Saturday while riding his motorcycle, without a helmet, to protest New York's motorcycle helmet law. According to Syracuse.com, at or about 1:30 p.m. on July 2, 2011, 55 year old Philip Contos went over the handlebars of his Harley motorcycle. Apparently, Mr. Contos looked down to inspect a problem and, when he looked up, traffic had slowed. He slammed on his brakes, fishtailed and was propelled forward onto his head. He was pronounced dead at University Hospital in Syracuse.

According to Syracuse motorcycle accident lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC, a New York personal injury law firm, "approximately 5,000 people are killed every year while operating a motorcycle - many due to head trauma." Even though helmets save lives, as many as 50% of riders report that they do not wear a helmet. Common complaints about helmets include impaired sight lines, difficultly hearing traffic sounds and discomfort. Bottar added, "the single most critical factor in the prevention of a motorcycle head injury is the use of a safety helmet, assuming the helmet is one that complies with FMVSS218."

Helmets are a necessary safety countermeasure because motor vehicle operators often fail to see motorcycle riders. Bottar added, "two-thirds of all motorcycle accidents occur when a car invades the motorcycle right-of-way."

If you were involved in a New York motorcycle accident, contact Bottar Leone, PLLC to speak with an experienced attorney about your right to recover for personal injuries, medical bills and lost wages.