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Yesterday’s tragic bus crash in Syracuse has been the focus of nationwide news coverage, including our blog entries entitled Syracuse Tour Bus Accident Involving CSX Train Bridge Causes Injury To Dozens, and Syracuse Bus Crash Lawyers Review New York CSX Bridge Accident In Onondaga, as well as a press release by the Syracuse accident lawyers of Bottar Law, PLLC.

At 2:30 a.m., on Saturday, September 11, 2010, a Megabus TD925 Double Deck Intercity Coach, measuring 13 feet tall, collided with a low-clearance CSX train bridge over Onondaga Lake Parkway. The train bridge height is 10 feet, 9 inches.

According to recent reports, four passengers lost their lives in the accident, including a Temple University student and a man believed to be from Nigeria or Malaysia. 25 others survived the crash with the low-clearance train bridge, although many suffered serious injuries.

Coach Megabus posted on Twitter that it is “carrying out a full investigation into the accident, as well as assisting the police and other authorities in any way that we can.” Anyone injured in the accident must know that it should not wait for Megabus to complete its investigation before they contact a New York bus accident attorney because, if Onondaga County or other municipality shares liability for the accident for failing to ensure that the roadway was properly marked, General Municipal Law section 50-e(1) states that a document called a Notice of Intention to Claim must be served within 90 days after the claim arises. There are limited exceptions. Claims against the driver of the bus, Megabus, Coach, USA, and CSX should be governed by provisions of New York’s Civil Practice Law and Rules, and New York’s Estates, Powers and Trusts Laws.
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At 2:30 a.m. this morning, a double-decker bus heading from Philadelphia to Toronto, with stops in Syracuse, New York, and Buffalo, crashed into a CSX railroad bridge located over County Route 370, also known as the Onondaga Lake Parkway. The Syracuse bus crash caused the death of four passengers. Several others were injured in the Onondaga highway bus accident and have been transported to area hospitals, including Syracuse University Hospital.

According to Syracuse roadway defect lawyer, Anthony S. Bottar, Esq., this is not the first time that a bus or truck has made contact with the low-clearance railroad bridge that passes over the Parkway. While CR 370 has signs and lights warning motorists of the low-clearance bridge, accidents occur there almost on an annual basis. According to Syracuse bus accident lawyer, Michael A. Bottar, Esq., “given the number of accidents that occur at this location, we are concerned about whether the bridge signage is adequate and whether the County and others have taken appropriate steps to ensure that the roadway is safe for motorists, especially those from out of town.”

Many trucking and bus companies are aware of the low-clearance bridges and plan routes around the Parkway to prevent contact with the bridge’s sub-structure. Several websites mark low clearance bridges in New York State, including this site managed by the American Independent Truckers Association. According to Megabus company executives, the bus was off of its scheduled course at the time of the accident. Megabus is operated by Coach, USA.

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Early this morning the passengers of a Megabus tour bus headed from Philadelphia to Toronto, with scheduled stops in Syracuse, New York and Buffalo, were injured in yet another accident involving the low-clearance train bridge that crosses over Onondaga Lake Parkway.

According to the Syracuse roadway accident lawyers at Bottar Law, PLLC, the accident occurred around 2:30 a.m. on Onondaga Lake Parkway, which is also known as County Route 370. The Parkway is a high traffic roadway that runs parallel to Onondaga Lake. It is owned by the County of Onondaga. Even through accidents involving the low-clearance bridge have been occurring here for years, the County of Onondaga has not taken steps to eliminate the risk of collision.

Syracuse accident lawyer Anthony S. Bottar, Esq., commented that “the County has been on actual notice for years that the train bridge presents a hazard to motorists, but it has failed to eliminate the risk of injury to commercial vehicles utilizing the roadway.” New York dangerous roadway lawyer Michael A. Bottar, Esq., added that the the parties likely responsible for the injuries are the driver of the truck and his employer, the bus line. However, the County may share some fault. “For example, the County has not closed the parkway to traffic other than passenger cars and trucks despite what may be dozens of accidents. Instead, it has allowed the roadway to remain open to all traffic with little warning to unwary drivers about the well-known bridge hazard.” Bottar added that he has heard local residents refer to the low-clearance railroad bridge as “the can-opener.”

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Contrary to what you see on television or hear on the radio, not all accidents involving a car and bicycle can be blamed on the driver of the car. According to Syracuse accident lawyer Michael A. Bottar, Esq., you cannot sue a car driver for personal injury just because there is contact between a car and a bicycle.

A perfect example is a Syracuse bicycle accident incident that occurred yesterday afternoon, at the intersection of Burnet Avenue and Thompson Road. At or about 5:00 p.m. yesterday, a car was driving south on Thompson Road and a bicycle was traveling east on Burnet Avenue. The driver of the car had the green light before the crash occurred. While no tickets were issued. the crash remains under investigation.

In order for the bicyclist to bring a claim for personal injury, the driver of the car must be at fault and he must have sustained a “serious injury” as defined in Section 5102 of the New York State Insurance Law, which is an injury that:

“results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.”
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Syracuse work injury lawyer Anthony S. Bottar, Esq., was consulted on Friday by the Binghamton Sun in connection with the June 3 Binghamton New York scaffolding collapse.

News reports indicate that a subcontractor hired by Apple Roofing erected the scaffolding on Binghamton University property. That scaffolding failed and several workers were injured. According to Mr. Bottar, whose practice is limited to representation of those catastrophically injured due to construction accidents, medical malpractice, birth injuries, defective products, and dangerous structures/roadways, “[t]he owner and the general contractor are the ones responsible when a scaffold fails and it leads to injury.”

NOTE: Because the property is owned by the State of New York, either individually or by and through the Dormitory Authority, there is very little time for the injured workers to act. More specifically, they have only 90 days (from the collapse) to file a document called a Notice of Intention to Claim.

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A scaffolding erected in Binghamton on June 2, 2010 collapsed yesterday, the first day it was put into use. The scaffolding, which was built alongside a dormitory as part of a multi-million dollar construction project underway at Binghamton University, was intended to be used to elevate construction workers assigned to the project.

According to the Syracuse work injury lawyers at Bottar Law, PLLC, on June 3, 2010, six Syracuse-based Apple Roofing employees were on the scaffolding platform when it failed. Each of the men fell more than five stories to the ground, suffering severe personal injuries. One worker is in critical condition. OSHA, the organization responsible for investigating work injuries, such as New York construction workers injured in a fall, is reviewing the cause of the Binghamton construction accident.

While it is too early to tell who is responsible for the Binghamton scaffolding collapse, if anyone, there are several entities who could be responsible. By operation of the New York State Labor Laws, specifically section 240, all contractors, property owners, and their agents who are engaged in erection, demolition, repair, alteration, painting, cleaning or pointing of a building or structure may be liable for injuries where a construction worker falls from a height due to the lack of proper scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other safety devices.

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Earlier today, a scaffolding collapsed in Binghamton. Several Syracuse roofers were injured.

Pursuant to the New York State Labor Laws, namely section 240(2), all “scaffolding” or “staging” more than twenty feet above the ground must be equipped with a safety rail or suitable material properly attached, bolted, braced, or otherwise secured, rising at least thirty-four inches above the floor or main portions of the scaffolding or staging. The safety rail must extend the entire length of the scaffolding, with no openings in the platform any larger than necessary for the delivery of materials. All scaffolding must be constructed to hold four times the maximum weight placed upon the scaffolding when it is in use.

While it is too early to determine why the Binghamton scaffolding collapse occurred, there are several potentially liable entities, including the property owner and contractors working on the jobsite. An OSHA investigation is underway.

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Johnson & Johnson and McNeil Pharmaceuticals, the manufacturer(s) of several well-known over-the-counter (OTC) children’s medications, recently recalled several lots of Infants’ Tylenol, Children’s Tylenol, Children’s Motrin, Children’s Zyrtec and Children’s Benadryl. According to the company, some of the medicines being recalled “may contain a higher concentration of active ingredient than is specified.” Others “may contain inactive ingredients that may not meet internal testing requirements.” Still others “may contain tiny particles.”

While the risk of harm to consumers is low, if your child got sick after taking Tylenol, you and your child may be entitled to compensation from McNeil and should consider calling a Syracuse product liability lawyer, such as a Bottar Law, PLLC attorney, to discuss a Tylenol recall lawsuit. According to an FDA report, the recall was prompted by “sloppy” quality control. Debra M. Autor, of the FDA, told the New York Times that “[t]his is yet another example of the need for companies to take full accountability for the quality of their drugs, and the serious consequences that can happen when companies do not do so.”

Investigators believe that some of the medications were manufactured with raw ingredients that were contaminated with a still-unknown bacteria. According to McNeill, no product containing bacteria was sold. We believe that McNeill’s apparent surprise at the possibility of contamination is suspect, given that it received complaints of foul smelling Tylenol Arthritis Pain caplets in early 2008. Those complaints were not reported to the FDA’s Recalls and Shortages Branch until September of 2009.
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The departments of Defense and Veterans Affairs recently announced that they are investing additional resources into research, prevention, early detection, outreach and treatment for concussions, post-concussion syndrome and traumatic brain injuries. The goal is to provide better care for service members and veterans suffering from a traumatic brain injury or coping with post-concussion sundrome.

According to Air Force Colonel (Dr.) Michael Jaffee, who recently spoke to the Senate Veterans’ Affairs Committee, said that the two departments will coordinate their efforts to better understand brain injuries through clinical trials and published research. One way the departments plan to better treat brain injuries is to implement mandatory concussion screenings for all service members who could have suffered a brain injury due to an accident or incident. Stated differently, everyone at risk for a concussion will be examined for signs of brain damage.

New efforts to diagnose and treat brain injuries will include a multi-disciplinary approach to treatment and, in conjunction with a bill recently signed by President Obama, will enable many service members to receive care at home. Inevitably, better military care will translate into better medical care for civilians, including those who suffer a brain injury in a car accident, or brain damage from a construction site fall.
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Nearly 80 Central New York employers received a letter this week from the Occupational Safety and Health Administration because of high rates of workplace injuries or illnesses. According to Syracuse New York workplace injury lawyers Bottar Law, PLLC, the letters are intended to notify employers to take action to protect workers injured on the job and to prevent permanent disability from workplace accidents.

Some Syracuse-area employers who received a letter from OSHA include: TAG Mechanical Systems, Inc.; Metalico Aluminum Recovery; Optogenics; Hanford Pharmaceuticals; Cardinal Health; Pepsi-Cola; Estes Express; Berry Plastics; Syracuse Haulers; C&S Technical; Penn Traffic Company; Lowe’s Home Centers. Utica-area employers who received a letter from OSHA include: Matt Brewing Company; and Sturges Manufacturing Company. Rome-area employers who received a letter from OSHA include: RPNH, Inc.; International Wire Group; and Conmed Corporation. Oswego-area employers who received a letter from OSHA include: Oswego Wire Incorporated; Golden Sun Bus Service; Loretto-Oswego Residential; and Sunrise Nursing Home. Watertown-area employers who received a letter from OSHA include: Car-Freshener Corporation; Tontarski, inc; and Atlas Health Care. Binghamton-area employers who received a letter from OSHA include:Johnson Outdoors Gear; Methodist HM; and Dons Automotive Mall.

What does receipt of a letter mean? Probably nothing more than an employer’s employees missed an above average number of days of work. Possible explanations could include illnesses such as the flu, or accidents due to unsafe working conditions. These accidents may render a laborer unable to work and permanently disabled. In order to secure compensation for serious personal injuries, you may need to hire a Syracuse site construction accident lawyer to file a construction accident lawsuit for nerve damage, or a Utica construction site fall lawyer to file an industrial accident lawsuit for brain damage, a Rome workplace accident lawyer to file a workplace accident lawsuit for complex regional pain syndrome, an Oswego jobsite injury lawyer to file a jobsite injury lawsuit for an amputation, a Binghamton scaffolding accident lawyer to file a scaffolding accident lawsuit for paralysis, or a Watertown falling object lawyer to file a injured worker lawsuit for a concussion.
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