Steer Clear of Buzzed Boating: a NY Accident Attorney’s Warning

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We have all heard about driving while intoxicated and its effects. What is less often considered, however, is boating while intoxicated (BWI). For so many people, boating is synonymous with rest and relaxation; what better way to relax than with a couple of drinks? Unfortunately, that very thought is incredibly dangerous. Careless or reckless operation, often exacerbated by drinking alcohol, is the leading cause of boating injuries and deaths. The penalties for BWI are just as severe as those for drunk driving— and BWI is just as dangerous.

Think about it: many of the people who operate boats have spent less time operating a boat than they have spent driving a car. In a boat, factors such as the glare, heat, wind, sun, and spray can intensify the effects of alcohol. Those factors combined with the engine noise and the boat’s motion and vibration can cause fatigue and slow reaction times.

And not just reaction times are affected by drugs and alcohol. Alcohol affects the skills needed to operate a watercraft:  ability to focus, peripheral vision, night vision, judgment, coordination, and balance. That means that, if you drink and operate a boat, in addition to being a danger to other boaters, you are a danger to yourself. A boat is an unstable platform, and a large percentage of boating fatalities result from passengers falling overboard. Alcohol decreases your coordination and impairs your abilities should you find yourself immersed in water. Good swimmers have drowned because they drank, drove a boat, fell overboard, and then, disorientated and dazed, swam down instead of to the water’s surface. It is tragic and unnecessary. That is why there are strict consequences in place for BWI offenders.

The penalties for a BWI conviction are the same as for a drunk-driving conviction: this could include jail time, expensive fines, probation, and a driver’s license revocation. You will also be stuck with a criminal offense on your record indefinitely.

In New York, you may be arrested for BWI for operating a boat, jet ski, or other watercraft with a blood alcohol content (BAC) of .08% or higher. Due to Zero Tolerance laws, the legal limit for minors is .02%. If a law enforcement officer notices a boat being driven erratically, he or she may pull the vessel over. During that time, the officer may then administer a series of field tests. Your BAC may be determined through a breath, blood, or urine test (New York law enforcement agents most commonly prefer to use the breathalyzer test).

I have been a personal injury attorney for more than 25 years, and I have seen too many accidents caused by BWI incidents. Thinking about boating should conjure up images of time spent relaxing and spending time with loved ones— without the alcohol. Remember to stay safe; your life and the lives of everyone else on the water depends on it.

Thanks for reading.

Thanks, Jim
_________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
            NYBikeAccidentBlog.com

 


New Ziff Law Apps Help NY and PA Accident Victims Do The Right Thing After Crash!

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Our clients at the Ziff Law Firm often ask us, “What should we do if we are in an accident?”

Most people don’t think of protecting their legal rights in the critical and very stressful minutes after a crash.

That’s why Ziff Law has created free apps for iPhones and Android phones that take you step by step through collecting information to protect yourself and your loved ones.

Our free Ziff Law Accident App will help you understand what to do – and what not to do – immediately after an accident. Our app will help you respond appropriately and wisely in a difficult time.

The app is useful to ANYONE involved in an accident: motorists, motorcyclists, bicyclists and pedestrians. The same information should always be promptly recorded.

The Ziff Law Accident App keeps it simple by presenting you with things you SHOULD be doing in the moments after a crash: collect contact and insurance information from the other driver, contact information from witnesses, take photos of the accident scene and more.

Our apps feature:

  • A camera, voice recorder, text notepad and drawing pad to record all data.

  • A valuable FAQ section that tells you about the proper procedures to follow after an accident.

  • The forms needed to collect information from other people involved, including drivers, witnesses and passengers.

  • A GPS locator, which records traffic patterns and driving conditions.

Click here for the iPhone app or here for the Android app!

We believe we have the first law firm app of its kind in Upstate New York and Pennsylvania! The Ziff Law Firm has always prided itself on staying
on the cutting edge of the latest technology, and we love technology that helps our clients.

The Ziff Law Firm has provided New York and Pennsylvania residents with expert legal counsel for more than 60 years.

Learn more about the Ziff Law Firm and its continued commitment to its community by reading its free spring newsletter, which includes a look at our very successful and highly regarded Veterans of the Game promotion at Elmira Jackals games, as well as a profile of downtown business owner Rich LaVere of LaVere Media and much more!

Read all about it today!

Thanks for reading.

Thanks, Jim

_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 


Boating Safety: Your Questions Answered by a NY Accident Attorney (and Boating Enthusiast!)

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The fact is undeniable: one look at the pristine Finger Lakes and you know that we live in a beautiful area. With temperatures in the 70s and 80s this week, more boaters are hitting the water early this year. As a boater myself, I certainly understand the allure of taking to the water; as such, I thought it would be prudent to answer some frequently asked questions about boating laws in New York State. So, whether you are tubing on Keuka Lake or taking a kayak out on the Chemung River, hopefully these answers will help you make the most of this gorgeous weather— and stay safe in the process.

All of these answers apply to New York State laws only. To find out more about New York boating laws and regulations, please visit http://nysparks.com/recreation/boating/. For more tips, you can also consult a past blog post by Adam Gee here.

What is the speed limit on the Finger Lakes?

There is no set speed limit on Seneca Lake because it is considered an international waterway, but it is still smart to follow general rules like “Have your boat under proper control at all times” and “Appropriately reduce your speed when near shore or in congested areas”.

However on most of the other Finger Lakes there ARE speed limits.  For example, on Keuka Lake, the boating speed limit is 45 mph during daylight, 25 mph after sunset until sunrise, and 5 mph within 200 feet of the shore, rocks, docks, rafts or moored vessels (unless pulling up or dropping off a water skier).

While the New York State Parks Department cited those same general guidelines, always be on the look-out for posted speed limits in your area.

What safety equipment should I have on hand in my boat?

You are required to have:

  • Life preservers
  • A personal flotation device for each person on board the boat
  • A fire extinguisher (You may be required to have more than one depending on the size of your boat.)
  • Visual Distress Signals. During daylight, this could mean orange distress flags. From sunset to sunrise, boats of 16 feet or more are required to have red flares.
  • An anchor
  •  If your boat is 39 feet or longer, you are required to have a mechanical sound warning device (i.e. a horn, bell, or whistle).
  • White navigation lights. The bow and stern of your craft are required to be marked with white lanterns or lights to warn other boats. Sailboats require additional lighting in some circumstances. You can find more information in the New York State Boater’s Guide.

Optional Equipment it’s Good to Have On-Hand:

  • First Aid Kit
  • Bailer
  • Boat Hook
  • Oar/ Paddle
  • Compass
  • Marine Radio
  • Tool kit
  • Binoculars

Who must wear a life jacket while boating?

-          For children under age twelve, the life jacket must be on unless they are in a totally enclosed cabin.

-          From November 1st to May 1st, all people aboard a moving pleasure vehicle less than 21 feet in length must be wearing a life jacket.

-          Anyone aboard a Personal Water Craft (PWC). Personal water crafts include— but are not limited to— Jet Ski, Wave Runner, and Sea-Doo models.

-          Any person who is being towed by a boat (i.e. when one is wakeboarding, water skiing, tubing, etc.)

With this said, you must have a personal floatation device on hand for every person on a boat. While adults technically are not legally required to be wearing one while boating, it is best to air on the side of caution: when in doubt, wear a life jacket. As this blog post shows, life jackets can save lives.

Am I required to take a boating safety course?

You must hold a safety certificate if:

• You operate a personal watercraft (PWC, examples of which are listed above) and are at least 14 years of age.

• You wish to operate a motorboat (other than a PWC) and you are between the ages of 10 and 18.

• If you are less than 10 years old, you may operate a motorboat (non-PWC) only if someone over age 18 is on board with you. Anyone may operate a personal watercraft if someone at least 18 years old is riding on the craft and he/she holds a safety certificate.

Taking a boating safety course is part of the New York State Parks Department’s main rules for safe boating. This includes an 8-hour classroom session and a proctored examination. You can find an overview of the course here and you can see the classes available in the local area here or by calling 1-800-336-BOAT.

As a personal injury attorney with more than 20 years of experience– and particular experience handling boating accident cases on a number of the Finger Lakes – I understand both the joys and potential dangers of boating. According to the U.S. Coast Guard, seven of the top 10 causes of boating accidents are related to human mistakes. Don’t become part of that statistic: follow these guidelines, remember to think about safety first, and enjoy another wonderful summer in beautiful upstate New York!

Thanks for reading.

Jim

_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
            NYBikeAccidentBlog.com

 


Ziff Law Firm, Elmira Pioneers To Salute Your Hometown Heroes This Summer!

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The Ziff Law Firm is teaming up with the Elmira Pioneers this summer to select a Hometown Hero of the Game for each Pioneers home game from nominations provided by Twin Tiers residents.

Anyone who gives back to their community through their work, actions or volunteer efforts can be a nominee.

Tell us about your Hometown Hero today — nominate your hero!

Those selected as Hometown Heroes – and up to seven of their family members and friends – will be guests of the Ziff Law Firm at a Pioneers game at Dunn Field, where they will be seated in a specially designated box. The Hometown Hero will be recognized during the game by the public address announcer.

The Ziff Law Firm has saluted military veterans in its Veteran of the Game honor at each Elmira Jackals hockey game for the last three seasons at First Arena. Over that time, nearly 100 veterans have been applauded by Jackals fans for their service to our country.

Through our Veterans of the Game program with the Elmira Jackals, we have been so pleased to meet and honor local veterans and give them the recognition they deserve. Veterans are not the only people in the community worthy of recognition, though.

There are everyday heroes in our midst, and these are the folks we’ll be recognizing this summer. Our Hometown Heroes could be police officers or firefighters, volunteers, or they could be other people doing good work in the community.

The Elmira Pioneers play in the Perfect Game Collegiate Baseball League, which has nine teams from across New York State. The Pioneers’ season begins June 6 in Albany and the first home game is June 8 against Newark.

The Pioneers have 23 home games scheduled in the regular season, which concludes in early August.

The Ziff Law Firm looks forward to turning the spotlight on more people making a difference in our community.

Service to your community, whether through one’s occupation or volunteer work, is as American as baseball and apple pie, so we can’t imagine a better way to thank our Hometown Heroes. The Ziff Law Firm feels privileged to sponsor this program and looks forward to meeting our heroes and sharing their stories.

“Part of my dream with the purchase of the Elmira Pioneers was to give back to the community I was born and raised in,” said Don Lewis, co-owner of the Pioneers. “I am proud to partner with the Ziff Law Firm in hosting the Hometown Heroes program.”

To nominate your Hometown Hero:

Online form: www.zifflaw.com/hero

Email: hero@zifflaw.com

Mail: 303 William St., Elmira, NY 14901

Call: 1-800 ZIFF LAW

 

Thanks for reading and nominate your heroes!

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com


Should New York State Leash Dangerous Pit Bulls And Their Owners?

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Should New York State follow Maryland's lead and crack down on pit bulls and their owners?

Another state has cracked down on pit bulls. Should New York State do the same?

A new ruling by the Maryland Court of Appeals declares pit bulls as a breed are “inherently dangerous,” and the owner of a pit bull or one that has been cross bred that attacks a person or another animal is liable for damages. In addition, any landlord who rents to a pit bull owner is liable as well.

In New York State, the courts have said the exact opposite — there are no inherently dangerous breeds.  Should there be, though?  A disproportionate number of our dog bite cases involve pit bulls, but I have also handled dog bites involving one of the most docile of breeds – a golden retriever!

Pit Bulls make good scape goats.  Just check news across the country on any given day and you will see report after report of pit bull attacks.

Just in the last few days:

A pit bull was shot to death by police after it attacked a woman who was walking her dog in Long Beach, Calif.

The pit bull also attacked two bystanders who tried to help the woman.

Police tried to stun the dog using a Taser gun, but it did not work, so the officers had to shoot and kill the dog!

A 2-year-old pit bull attacked a 7-year-old boy in a back yard in Charlotte, N.C., seriously injuring the boy. The boy needed 20 stitches for his wounds. Authorities will decide this week whether to euthanize the dog.

A Pottsville, Pa., couple were hospitalized after being attacked by their own dogs, which authorities said were likely pit bulls. The dogs were first fighting between themselves, then  turned on the owners.

Are pit bulls so dangerous that their owners and landlords should be strictly liable for damage a member of that breed causes even if that particular animal has never been vicious in the past?  It’s hard to say without a hard look at all the data.  One thing we know for sure is that a responsible owner can minimize the risk of an attack by any breed of dog by properly socializing, rearing, training and restraining the dog.  Conversely, a dog owner who fails to do these things, or even worse, encourages protective and aggressive behavior towards people and other animals, has a much greater risk of injuring someone else.

What do you think?  Are pit bulls inherently dangerous?  Are they simply the victim of bad press?  Let us know what you think!

Thanks for reading,

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Dog Bite Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com

 

 

 


Elmira Injury Lawyer Learns a Lesson About Crosswalk Safety!

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Always press the crosswalk button before trying to cross a busy street, including Elmira's dangerous Clemens Center Parkway.

Many pedestrians have been killed and injured trying to cross the Clemens Center Parkway in Elmira, the four-lane, 40-mph road that cuts through the center of the city.

There is not much pedestrians can do when confronted by distracted, careless or intoxicated drivers. We have written extensively about the dangers facing pedestrians in previous blog posts about those incidents.  But there is something pedestrians can do that will help them to cross this and other intersections safely.

As spring arrives and the weather warms up, I love to walk from our office to downtown to grab some lunch.  A quick walk and some fresh air and sun is a welcome break from the office grind.  On these walks, though, I have noticed what I thought was a problem with several crosswalks and especially the crosswalk indicator lights.  There are several intersections where the “cross” indicator never came on when the light changed, and the traffic signal was so short that I didn’t have time to cross the intersection before it changed again.  This was a huge problem at the intersection of Clemens Center Parkway and Second Street, where the green light for Second Street is very short, and the distance a pedestrian has to travel across Clemens Center Parkway is in the vicinity of 100 feet.  I thought that something must be wrong with the intersection lights, and made a note to call the City of Elmira to alert them to this problem.

I consider myself I pretty savvy person, especially when it comes to my personal safety.  I have lived and worked and traveled in cities before, and doing what I do for a living makes me extra cautious. But I learned something new the other day from a fellow pedestrian.  I watched a woman ahead of me on second street reach the intersection with Clemens Center Parkway and push the big button on the pole near the corner.  When the traffic signal changed to green for Second Street, the “cross” light for pedestrians magically illuminated and stayed lit long enough for pedestrians to safely cross the intersection!

Like most people (or is it just me?) I knew the button was there but ignored it, thinking its only purpose was to prompt the traffic light to change more quickly.  I usually ignored the button out of sanitary concerns more than anything else.

I had no idea that those buttons cause the pedestrian crossing system to activate and change the timing of the traffic signal light changes to provide enough time for pedestrians to safely cross the intersection!

I HOPE that this was simply my country roots showing and that I am the only person who didn’t know this.  If I’m not, please learn from my mistake, press the button, and give yourself enough time to cross that intersection safely!

Thanks for reading,

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com

My book, “Would You Ride Your Motorcycle Naked?” is available FREE to New York and Pennsylvania bikers; follow the link to order your copy.


Female Car Shoppers Deserve Better Safety Ratings System, Says NY and PA Accident Lawyer

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Female car shoppers need better safety information when choosing a new or pre-owned vehicle.

I recently wrote about the striking results of vehicle crash results using female crash-test dummies.

Consumer advocates told The Washington Post that the inadequate performance of the female crash-test dummies shows the federal government needs to do a better job studying the impact of accidents on women and all people smaller than average-size men..

Historically, when it comes to vehicle crash investigations and ratings, it’s a male dummy’s world. Most of the ratings are based on man-size dummies. When smaller dummies representing women and smaller people, including children, were added to the testing, the results pointed to a greatly increased risk for smaller drivers and passengers.

The Washington Post cites as an example the 2011 Toyota Sienna, which shows that a female passenger in a 35-mph crash faces a 20 percent to 40 percent risk of being seriously injured or killed, according to test data.

And what if the female passenger wants to be the driver? Well ….

“A lot of women do substantial (safety) research before going to buy a car,” Joan Claybrook, a longtime consumer advocate who was head of National Highway Traffic Safety Administration during the Carter administration when the star-rating system was introduced, told The Washington Post. “Yet there’s not a whole lot of information about how cars impact women” in collisions.

Which leaves women with few good shopping options for checking specifically on risks to women and children.

Here are three of the most commonly checked websites:

All have plenty of good, helpful information, and in some cases, information that breaks down for men and women. But there is not enough.

So residents of Elmira, Corning and the Twin Tiers, it’s time to participate in your democracy and write letters to your congressional members urging them to pressure government agencies to improve their crash ratings. Oh, and remind them that sometimes women drive and the crash tests should use more female dummies behind the wheel!

As Washington catches up to the rest of the country, let me ask you – how do YOU do your safety homework when you are buying a new or pre-owned car?

Share your tips in our comment section below!

Thanks for reading.

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com


Police Investigate ‘Really Scary’ School Bus Crash, Says NY and PA Accident Lawyer

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Police are investigating an accident Monday that injured schoolchildren in Bradford County.

A school bus accident is one of parents’ worst nightmares. Fortunately for parents in northern Pennsylvania, a crash Monday involving a school bus and a minivan does not appear to have been serious.

Please notice that I said it “does not appear to have been serious.” Sometimes, minor accidents can cause serious injuries that are not immediately evident. That is why I always encourage all accident victims to be checked by a doctor as soon as possible after an accident, even if they feel OK.

Some of the students told WETM-TV it was one of the scariest moments of their lives. Any accident involving a bus full of children is SERIOUS.

Here is what happened Monday, according to WETM-TV:

State Police in Bradford County said a minivan rear-ended a school bus carrying the Canton Junior High School girls and boys basketball teams at Woodruff Road and State Route 414 in Leroy Township.

Students told police the bus stopped quickly when a car in front of the bus stopped suddenly to make a turn.

Ten children were sent to hospitals in Towanda and Troy to be checked for possible injuries.

WETM spoke with two of the girls leaving Troy Community Hospital Monday evening.

An eighth-grader, Lizzy Tymeson, told WETM: “All of a sudden, we slammed on the brakes because the car in front of us was going really fast and wanted to turn. When we slammed on the brakes, our heads slammed forward. The car went into us too fast. It was really scary.”

Lizzy said her twin sister was being tested for a possible concussion.

A seventh-grader, Jewell Vanryn, said, “It’s kind of scary because you don’t expect things like that to happen because you don’t ever think it’s going to happen to you.”

State police said no one suffered life-threatening injuries. The teams were headed to Towanda.

State police declined to identify the drivers involved or any other details as of Tuesday.

Residents of Elmira, Corning and the Twin Tiers, remember to always get checked by a doctor, even if it is a “minor” motor vehicle accident!

Thanks for reading.

Thanks, Jim
_________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 

 

 

 

 

 


Female Crash-Test Dummies Provide Smart Safety Lesson, Says NY and PA Accident Lawyer

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The data from crashes involving female crash test dummies is changing the way some vehicles are designed.

Automobile crash tests aren’t just for men anymore.

The auto industry and federal safety agencies have started adding dummies modeled on women after taking notice that women and children, usually smaller than men, fare less well in accidents.

Starting in 2011, The Washington Post reported,  the federal government began replacing its average-size male dummy with a smaller dummy in some tests.

For example, when  a 2011 Toyota Sienna was slammed into a barrier at 35 mph, the female dummy in the front passenger seat had a 20 percent to 40 percent risk of being killed or seriously injured, according to the test report.

The average for the Sienna’s class of vehicle is a 15 percent risk.

The manager of GM’s test lab told ABC News that GM has invested $200,000 in 200 crash dummies. GM can simulate men, women and children of all sizes, as well as infants.

Linda Tram, spokesperson for the National Highway Traffic Safety Administration (NHTSA), told ABC News that studies show that women, with smaller bones and lower bone density, are at greater risk than men of suffering injury or death in crashes. Their less muscular necks make them more vulnerable to whiplash. In general, smaller people cannot tolerate crash forces as well as can full-sized men.

Russ Rader, spokesman for the Insurance Institute for Highway Safety, told ABC News: “One of the reasons we started using female dummies is the way women sit in a vehicle.” They tend, he said, to position their seats farther forward, to compensate for their smaller stature.

In general, experts told The Washington Post the smaller the person, the fewer crash forces the body can tolerate. When cars wrap around trees or utility poles, for example, smaller drivers and passengers suffer more head, abdominal and pelvic injuries but fewer chest injuries than average-size people, according to the National Highway Traffic Safety Administration. Women’s less-muscular necks also make them more susceptible to whiplash, researchers say.

Government data from police reports also show women are at greater risk of being injured, especially when they’re not behind the wheel, the Post reported.

A 2011 study by the University of Virginia’s Center for Applied Biomechanics found that seat-belted female drivers in actual crashes had a 47 percent higher chance of serious injuries than belted male drivers in comparable collisions. For moderate injuries, that difference rose to 71 percent.

So before you buy in Elmira, Corning or anywhere in the Twin Tiers, find out what the dummies are revealing about your No. 1 choice. It doesn’t matter how much you love that vehicle. If it’s not safe, keep shopping!

In our next report, we’ll look at how you can learn more about the safest new vehicle models. Check back here soon!

Thanks for reading.

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com