Syracuse Injury Lawyer Blog

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.

The Bottar Leone, PLLC legal team has decades of experience investigating, prosecuting and resolving complex construction site accident cases. To discuss you potential case, contact us today at 1-800-336-5297 or by email at info@bottarleone.com.

Two tractor trailers crashed on the New York State Thruway just north of the city of Utica, in Schuyler, New York (approximately 60 miles east of Syracuse and 200 miles northwest of New York City). Both truck drivers were injured.

According to Utica New York tractor trailer accident lawyers Bottar Leone, PLLC, an eastbound tractor trailer (2004 International) being operated by a Lockport, New York man experienced mechanical problems. The problems caused the tractor trailer to stall in the road at which point in time it was rear ended by a tractor trailer operated by a Tennessee man. After rear ending the back of the first tractor trailer, the second tractor trailer lost control and crashed into trees lining the highway.

The New York State Thruway tractor trailer collision caused the first big rig to spill debris on the roadway, including a load of pallets. The roadway was closed by the New York State Police until the debris was cleared. Both drivers were transported to St. Elizabeth's Medical Center in Utica. No tickets were issued.

Continue reading "Tractor Trailer Crash Near Utica Closes New York State Thruway" »

The New York State Thruway Authority recently announced that 2009 was the safest year in the history of the interstate highway that runs from Buffalo to Albany, through Rochester, Syracuse, Utica, Herkimer and Schenectady.

According to New York State Thruway accident lawyers Bottar Leone, PLLC, in 2009 there were more than 250,000,000 trips on the Thruway and 8,000,000,000 vehicle miles traveled. Despite heavy use, there were only 26 fatal accidents, resulting in 27 motorist deaths. Statistically, there were only .27 fatalities for every million vehicle miles traveled.

According to officials, the low number of New York State Thruway deaths is due, in part, to the Thruway Authority's commitment to highway maintenance and snow removal, including an effort to prevent injuries from bridge and roadway failures. Also responsible for the decline in fatalities was a strong presence by law enforcement. In 2009, the New York State Troopers reported issuing more than 180,000 tickets to Thruway patrons.

Continue reading "New York State Thruway Accidents Down In 2009: 27 Car Accident Deaths" »

A Watertown man was arraigned earlier this week after ramming his vehicle into the side of his wife's car in a parking lot. The crash caused extensive damage to her car. Fortunately, the Fort Drum soldier's wife was not injured in the North Country collision. After he was arraigned in the Town of Watertown Court, he was released into the custody of the Fort Drum military police.

Fort Drum, New York is the home of the 10th Mountain Division - Light Infantry. Fort Drum is the largest employer in Northern New York, providing jobs to more than 16,000 soldiers and nearly 4,000 civilians. Most soldiers and their families reside on or around the base, in areas including Watertown, LeRay, Calcium, Governeur, Philadelphia, Carthage, West Carthage, Clayton, Copenhagen and Lowville.

Continue reading "Fort Drum Car Accident Causes Vehicle Damage In Watertown" »

The New York State Department of Transportation announced last week that a portion of Route 81 within downtown Syracuse, New York, would be closed in order to prevent a car accident on Route 81.

According to Central New York building collapse attorneys Bottar Leone, PLLC, an abandoned building located on the 900 block of North State Street is on the brink of structural failure. Because the building backs up to Interstate Route 81 North, if it were to collapse it may send bricks and other debris onto the roadway. Several northbound lanes of Route 81 North have been closed.

Officials at the NYSDOT stated "[w]e recognize that closing I-81 will be an inconvenience for motorists, but in the interest of public safety, we have no choice but to close the highway until this unstable building is demolished. Detours and signage will help people negotiate the alternate routes until we can be assured that I-81 is safe for travel." The unstable building is scheduled to be demolished next week in order to avoid potential injuries arising out of a roof collapse, or compromised wall or foundation.

Continue reading "Syracuse New York Building Collapse Closes Route 81 To Prevent Car Accidents With Injuries" »

Over the past few months, the Syracuse New York product liability lawyers of Bottar Leone, PLLC, have fielded many calls seeking our help to investigate whether a Toyota gas pedal defect was responsible for a car accident.

Initially, Toyota told the public that gas pedals jammed by defective floor mats were causing accidents and recommended that more than 3,800,000 Toyota owners remove their floor mats to prevent injury. Upon further investigation, Toyota announced that accidents were also being caused by sticky gas pedals and recommended that owners have their cars serviced so that the pedals could be modified. Recalls then soared to 8,000,000 vehicles. Even so, many Toyota critics believe that Toyota has not gone far enough to remedy safety problems with much of its product line. Many still suggest that the real problem is rooted in Toyota's electronics.

It is hard to tell whether Toyota's efforts are genuine. According to a recent press release, Toyota may have saved as much as $100,000,000.00 by negotiating with the National Highway Traffic Safety Administration officials in an effort to gloss over safety defects in many models and prevent massive Toyota recalls due to unintended acceleration. Apparently, Toyota considered its ability to focus NHTSA attention on floor mats, rather than on the gas pedals, to be a "win" for the Toyota "safety group." Toyota's "win," as reduced to writing, was presented to the House Committee on Oversight and Government Reform for review.

While Toyota's future is uncertain, your future may include a lawsuit against the auto giant if you were severely injured while driving a Toyota that experienced unintended acceleration. You may also wish to pursue a lawsuit if you were severely injured while a passenger in a Toyota that experienced unintended acceleration.

Continue reading "Syracuse New York Toyota Gas Pedal Accident Lawyers Comment On Unintended Acceleration Lawsuit Liability" »

Debris scattered on a highway has caused a crash in Syracuse, New York. According to Syracuse New York tractor trailer accident lawyers Bottar Leone, 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.

Continue reading "Tractor Trailer Hits Syracuse Bridge Causing Route 690 Crash" »

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.

Continue reading "Lewis New York Snowmobile Crash Results In Injury And Death" »

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.

Continue reading "Albany New York Plane Crash Lawyers Averted Disaster One Year Ago" »

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).

Continue reading "Watertown New York Car Accident Closes Route 81, Injures One" »

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.

Continue reading "Binghamton Construction Accidents May Rise Following Demolition" »

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.

Continue reading "Central New York Car Accident Lawyers On Texting While Driving" »

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.

Continue reading "New York Construction Worker Lawyers On Workplace Injury And Death" »

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.

Continue reading "New York Construction Accident Decision Impacts Injured Worker Rights (Runner v. New York Stock Exchange)" »

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.

Continue reading "Negligent Police Car Crashes Subject of New York Court of Appeals Decision" »