Safety Corner:App Use Causes Big Spike in Traffic Deaths.

2015 brought the biggest spike in traffic deaths in 50 years, and 2016 wasn’t much better. Many experts blame the use of smartphone apps while driving.

Michaels & Smolak attorney Jan Smolak, a highly experienced car accident attorney, explains the problem: “Some of the apps for smartphones out there seem almost designed to kill drivers and those they collide with”, he said. “Take for instance the ‘snapchat’ app’s so called ‘speed filter’.

Young male drivers like to ratchet their speed up and send the video with their speed superimposed on the screen to their friends.” Smolak says that most of the users of the snapchat app are between 16 and 25 years old. “It’s double the danger because these are inexperienced drivers being distracted”, he said.

Smolak also discussed another dangerous app called “Waze”. Smolak explained: “This app works just like any other navigator but it actually finds you the quickest route to get where you are going based on the current traffic conditions, including

Auburn | Liverpool | Syracuse | Geneva | 315.253.3293 | michaels-smolak.com | vol 4 issue 4 | SPRING 2017

CNY INJURY LAW NEWSLETTER

Welcome to the

Michaels & Smolak Newsletter!

Don’t hesitate to send your comments (the good, the bad and the ugly!) to Mike Bersani at bersani@michaels-smolak.com.

And if you like what you see, please add us on Facebook, follow us on Twitter (@cnylawyers) and subscribe to our blog (centralnewyorkinjurylawyer.com).

For Serious Cases forseriouscases.com

Our Team

Jan SmolakLee Michaels

Michael Bersani David Kalabanka

(Snapchat screen shot)

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cny injury law newsletter

construction slow-downs, roadway accidents blocking traffic, traffic jams, and even objects in the road blocking a lane of travel. But how does Waze know about all these conditions? Other Waze users observe these conditions as they drive by and then hit buttons on Waze’ app screen (see right) to notify Waze about them. Those drivers might feel like good Samaritans by helping other Waze users steer clear of traffic obstructions, but they are risking their own and other lives by paying attention to their phone screen instead of the road”.

Smolak also discussed the now infamous “Pokémon Go” game app. “With Pokemon, you can drive around capturing ‘monsters’ with your phone. Problem: You might also ‘capture’ a pedestrian with the hood of your car!”, he said.

Asked what could be done about the problem, Smolak mused, “the problem is no longer just ‘texting’ while driving. It’s texting, it’s apps, it’s talking, it’s navigating – there are just so many ways to be distracted by our phones these days”, he said. “We need stricter traffic

law enforcement to catch device users, but we also need laws requiring device manufacturers to install anti-driving software on those devices. The technology is there. With the anti-driving software, the device won’t work when you are driving. But none of the smartphone companies want to be the first to implement it because they fear losing customers to the competition. Our lawmakers have to force them all to install the software. They should do so soon. Lives are at stake!”

the

M I C H A E L S

& S M O L A K

pledge

we deeply appreciate the trust our clients have placed in us and we will strive to uphold that trust by working hard and fighting for our clients’ rights.

(Waze screen shot)

(Driver playing “Pokemon Go”)

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New York Law Update: New York’s Unfair Medical Malpractice Statute of Limitations Must Be Undone.

Medical professionals are getting away with murder! Not literally “murder”, of course, but patients are dying because of malpractice and often have no recourse in Court. That’s because of a New York law that says victims of medical malpractice have only two and a half years to sue the doctor/hospital or other medical professional who negligently injured them (CPLR 214-a), REGARDLESS OF

WHEN THE VICTIM FOUND OUT THAT THERE WAS A MEDICAL ERROR OR THAT THEY WERE INJURED BY IT.

Here’s an example of the cruel workings of this rule: Jane Marlow, a 45 year-old mother of three children, got a lung x-ray in 2012. The radiologist said it looked good. Three years later, in 2015, she is diagnosed with stage-four lung cancer. The new doctors look back at that x-ray taken three years earlier, which clearly shows the cancer. The radiologist three years earlier had clearly overlooked it. If the cancer had been timely diagnosed, full recovery was likely. Now it is too late – Jane is dying and is about to leave her three children without a mother.

Can Jane or her family sue the careless radiologist to help support her children who will now be motherless? NO! Not in New York. The two-and-a-half year medical malpractice statute of limitations runs from the date of the malpractice, not from the date when the patient discovers the malpractice. Since the malpractice happened three years ago, it’s too late to sue.

Fair? NO WAY! Should New York join the other 44 states that have “date-of-discovery” statutes of limitations for medical malpractice claims?

STAFF SPOTLIGHTLegal Secretary Michel Tortorello

Michel Tortorello has been one of the firm’s two legal secretaries (the other being Becky Kinney) since May 1996. Twenty-one years is a long time! (But time flies when you’re having fun, right Michel?)

Michel lives in Weedsport with her two children, Antonina (14) and Antonio (11) and her significant other, Gary. A couple times a year, though, you won’t find her anywhere near Weedsport. Instead, she’ll be in the Dominican Republic. She has recently become passionate about the place and people. We interviewed Michel to find out why.

M&S: So Michel, it’s hard to believe you like stealing away to a beautiful tropical island more than you like hunkering down at your desk here at Michaels & Smolak. Can you explain this strange preference?

Michel: Oh my. Where do I start? Of course the Dominican is absolutely beautiful, the weather (most of the time) is perfect, the beaches...

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(This means the statute of limitations doesn’t even start to run until the patient discovers or should have discovered the malpractice.) Of course!

New York’s unfair rule lets hospitals, doctors and other health professionals escape financial responsibility for their negligent and even reckless mistakes.

Time and time again, sensible New York law makers have tried to right this wrong, but time and time again the powerful insurance/medical lobby torpedoes their efforts.

This year, New York’s Legislature is again launching an initiative to change this unfair law. As this article is being written, many members of both the Assembly and Senate strongly support a malpractice date-of-discovery law. Write or call your assemblyman and senator today! Let him or her know you support this.

How to pick’em: Choosing A Truck Accident Lawyer

You might think that if you or someone you love gets hit by a commercial truck in New York you should seek out a New York car accident lawyer. You would be wrong. Suing a commercial trucking company for personal injuries is NOT the same as suing for a run-of-the-mill car accident. You need a lawyer who

...gorgeous, but it is the people that keep us going back. We just love the people. They are so open, warm and friendly! Even though we don’t Speak Spanish, and most of them don’t speak much English, we feel so connected to them. We have gotten to know many of the workers in the resorts where we stay, especially the one in Puerto Plata, and they have become like family to us.

M&S: Like family? Tell us about that.

Michel: Well, we have learned all about each other’s lives, and believe me, their lives are very, very different from ours. They are “poor” by American standards, but they are rich in relationships and family. We enjoy getting to know all about them and their loved ones, and we just love bringing them things they can’t get or afford down there.

M&S: What kinds of things?

Michel: In the beginning, we would just make up little bags of candy and chocolate to hand them with our tips, and they were so appreciative. Now every time we go down there we bring suitcases full of chocolates and things to give out. On our last trip our suitcase of just chocolate weighed 39 pounds! My children still talk today about how a worker literally cried from joy because of all the things we gave her.

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Michaels & Smolak

areas in which W E C A N H E L P

our attorneys can help with all personal injury & malpractice cases such as:

• Motor Vehicle Accidents

• Catastrophic Injuries

• Construction Accidents

• Slip/Trip and Falls

• Wrongful Death

• Medical and Legal Malpractice

• Defective Products

• Almost any Accident or

Malpractice Case of Any Kind

is experienced and knowledgeable in the hyper-specialized field of truck accident litigation.

There are many important similarities between truck accident and car accident litigation. For starters, both trucks and cars are subject to the New York Vehicle & Traffic law, a set of “rules of the road” that applies to all vehicles on New York State roads (even bicycles!). Thus, for example, all vehicles must stop at stop signs and red lights, yield at yield signs, and signal turns, etc.

But in addition to being subject to the New York Vehicle & Traffic Law, commercial trucks are subject to the Federal Motor Carrier Safety Regulations (FMCSR)(adopted and codified in New York under Title 17, Section 820). This is an additional set of safety rules that applies only to commercial trucks. A lawyer with a working knowledge of these rules is better armed to take on the trucking insurance company. He or she can find additional ways to lock in liability against the negligent truck operator, his employer, and the owner of the tractor and trailer.

What are these additional safety rules? For example, the driver is required to have eight days of prior driving logs available in his truck at all times. There are also important limitations on the number of hours a commercial truck driver can drive.

The employers are also subject to stricter requirements: They must annually review their drivers’ driving records and list their violations. The employers must closely monitor the hours their drivers actually drive and ensure they keep a correct log recording those hours.

The FMCSR also contains strict truck-maintenance, load-weight and load-securing requirements.

Don’t be fooled into thinking a commercial truck accident case is just a big car accident case. It is much, much more. Choosing the wrong lawyer for a truck crash case may result in your case crashing, too. Call the experienced truck accident lawyers at Michaels & Smolak for a free consultation.

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cny injury law newsletter

Tootin’ Our Own Horn Michaels & Smolak Again Named Top Firm By U.S. News & World Report

Once again, for the sixth straight year, U.S. News & World Report has named Michaels & Smolak a “Best Law Firm” for 2017 in the practice of both personal injury and product liability law representing the injured.Michaels & Smolak was the only personal injury law firm anywhere

between Syracuse and Rochester (not including those two cities) to be named in this nationally recognized 2017 directory of top law firms in the United States. Moreover, the firm is one of only three Syracuse area firms to be ranked in “tier one” for personal injury law firms.

“Awards are nice”, said Dave Kalabanka, one of the firm’s four lawyers. “It sure is great to be recognized for our hard work and success. But in the end ‘awards’ are not the ‘rewards’ we seek. Winning for our clients is its own reward”.

Another Michaels & Smolak lawyer, Mike Bersani, commented: “We are so proud of our team’s incredible successes over the years. Hard work and authentic concern for our clients have paid off. Our support staff is the best! And of course we could never have reached this high place without our faithful referring attorneys and clients who put all their trust and confidence in us.”

Partner Jan Smolak, said, “we are extremely proud of our team and the amazing results we have obtained for our clients. Our philosophy has always been that if we work hard and care a whole lot about our clients, good things happen. Recognition like this confirms that our guiding principle is right on target”. US News & World Report evaluates law firms using reviews by clients, lawyers and judges, according to U.S. News. It ranked more than 10,000 law firms for 2017. The results were announced in November.

attention attorneys

I N J U R Y & M A L P R A C T I C E R E F E R R A L S

a lot of lawyers and law firms refer all their injury and malpractice cases to Michaels & Smolak. Why?

(1) We are known for getting top

dollar (in settlement or verdict)

for the referred case

(2) We carry all expenses of the case

(3) We give personal attention to

your clients

Consider referring your cases to us!

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Michaels & Smolak

Across clues: 1. Before an exhibit is shown to a witness, it is usually by the

court clerk.

5. An court could either reverse or affirm a trial court’s rulings.

6. A cross-examiner often tries to the witness by showing her to be biased.

Down clues:2 A judge who is biased should herself.

3 An objection can be either overruled or .

4 After a verdict is read, the losing lawyer can ask the Judge to the jury members (one by one}.

If you need help, email us for a “hint”, or for the answer key: bersani@michaels-smolak.com

Legal Crossword PuzzleM&S: What other kinds of things do you bring them?

Michel: Well, my son Antonio took up a collection of baseball equipment. They love baseball down there! He brought two army-size bags full of helmets, gloves, bats, cleats, catcher’s gear, etc. and gave them to a worker who was a baseball coach who then distributed to Dominican children.

M&S: Wow, those kids must have been thrilled. Anything else you bring them?

Michel: Yes. We have brought Wii game consoles, all kinds of games, clothing, “build-a-bears”, school supplies, medicine, jewelry and much, much more. Mostly things that we up here take for granted. If you arrive with a suitcase full of those kinds of things people will hug and kiss you and just be crazy-happy.

M&S: Boy, since they like baseball down there, I guess we can safely say you hit a “home run” with those gifts down there.

Michel: You bet. But what we get in return is very special. We are showered with love. They are very grateful. They treat us great!

M&S: You mean they treat you better than we do here at Michaels & Smolak?

Michel: Um, no comment . . .

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Auburn | Liverpool | Syracuse | Geneva | 315.253.3293 | michaels-smolak.com | vol 4 issue 4 | SPRING 2017

CNY INJURY LAW NEWSLETTER

17 East Genesee Street, Suite 401Auburn, New York 13021

IN THIS ISSUE

Safety Corner:App Use Causes Big Spike in Traffic Deaths.

New York Law Update: New York’s Unfair Medical Malpractice Statute of Limitations Must Be Undone. Staff Spotlight Legal Secretary Michel Tortorello

How to pick’em: Choosing A Truck Accident Lawyer

Tootin’ Our Own Horn Michaels & Smolak Again Named Top Firm By U.S. News & World Report

Legal Crossword Puzzle