NY Accident Lawyer | Malpractice | New York

Stay Awake and Drive Safe

July 8, 2009Auto Accidents, Keeping Your Family SafeNo Comments

Late last month, WETM-TV reported on a car crash that injured three people in Chemung County (Driver Falls Asleep: 3 Car Crash, 5/24/09). New York State Police said that the driver fell asleep at the wheel.

It’s seems simple, just reading about it: if you are drowsy, pull over and take a nap before you kill someone (or yourself!). Since I routinely handle NY and PA auto accident cases, I thought I would share what I found out about this type of auto accident.

The National Center on Sleep Disorders and the National Highway Traffic Safety Administration did a study about drowsy driving and its key issues. They convened an Expert Panel on Driver Fatigue and Sleepiness. I wanted to share some of the study’s findings in a very concise synopsis. You can read the whole Executive Summary of the study here.

Who’s most at risk to fall asleep at the wheel?

Someone who missed an entire night of sleep the night before. This can lead to an acute need to sleep.
Someone who misses just an hour or two of sleep a night, but on the long term. This can lead to a chronic sleepiness.
People who must drive between midnight and 6 a.m. - it’s the body’s natural time to be asleep.
Drivers who put in many miles a year, who drive for a number of hours a day and who put off taking breaks.
People using sedating medications (this can be prescribed anxiolytic hypnotics, tricyclic antidepressants, and some antihistamines, according to the study).
Drivers with untreated or unrecognized sleep disorders, such as sleep apnea or narcolepsy.
A driver who’s had a drink. Alcohol can contribute to sleepiness, in addition to detracting from your reaction time and critical thinking.

What does a “sleeping driver” accident look like?

There are a number of factors that commonly turn up in accidents caused by a drowsy driver at the wheel.

It’s a serious crash. The driver didn’t even try to react to minimize the crash.
A lone car left the road.
The driver was alone in the car.
The crash happened late at night, early in the morning, or in the middle of the afternoon.

So what do you do to prevent falling asleep at the wheel?

The NHTSA has a these “countermeasures” to suggest to help you keep alert on the road. This is information on preventative techiques - none is an instant cure to end this problem.

Long-term solutions

Get enough sleep - and to do this, plan on it. Make sleep a part of your schedule like a meeting or being in the office.
Don’t drink even small amounts of alcohol if you’re feeling at all sleepy. Make it a zero-tolerance policy.
Try not to drive between midnight and 6 a.m. That’s when most of these accidents occur.

Quick solutions

The only two techniques that the government found to be effective were:

A 15- to 20-minute nap.

2 cups of coffee (or caffeine equivalent).

There’s no scientific proof that opening the window or blasting the radio has any invigorating result.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Share on Facebook

Asleep at the Wheel, Deputy Causes Deaths of California Bicyclists

July 8, 2009Bicycle Accidents1 Comment

Just yesterday, I published a post about drivers falling asleep at the wheel and causing bad car accidents. Just today I read about a tragic wrongful death case where a Deputy Sheriff fell asleep at the wheel and crashed into a group of bicyclists…..

Two point three million dollars. That’s the settlement amount recently reached for one victim’s family in the aftermath of a shocking bicycle accident in California.

On March 9, 2008, sheriff’s deputy James “Tommy” Council says he fell asleep at the wheel of his patrol car while driving in the Cupertino foothills of Santa Clara County. His patrol car struck a group of bicyclists out on a practice ride. Two cyclists died, and another was seriously injured. Now, more than a year later, Santa Clara county has agreed to pay the parents of killed bicyclist 29-year-old Matt Peterson a $2.3 million dollar settlement.

“Santa Clara County settles suit in cyclist’s death after crash with sheriff’s deputy” (Tracey Kaplan, 6/30) relates how the county immediately took responsibility for the accident. Not that they had much choice. It would have come out eventually that Council was convicted in 2001 for involvement in a speed contest in Los Angeles county. He’s pleaded guilty to two misdemeanor counts of vehicular manslaughter and been sentenced to community service and house arrest.

I’m a member of the Multi-Million Dollar Advocates Forum. I’ve managed to bring in multi-million dollar settlements for personal injury and medical malpractice lawsuits in New York and Pennsylvania. Yet I know that that $2.3 million dollars is not going to compensate that couple for the loss of their son. It’s a real acknowledgement of responsibility, however, from Santa Clara County.

As an avid bicyclist, I love to take to the roads here in the Finger Lakes and in other beautiful places whenever I get the chance. There are safe ways to ride, precautions to take - I take them because wearing a helmet, minding the rules of the road are small efforts in return for the reward of well-being.

The story of this accident is so tragic because it came out of the blue. A sleeping deputy in a patrol car is not something a bicyclist can expect, something you can plan for.

Share on Facebook

Medical & Travel Expense Reimbursement Revisited

July 4, 2009Miscellaneous, NY Workers CompensationNo Comments

Robert William Service said “be master of your petty annoyances and conserve your energies for the big, worthwhile things. It isn’t the mountain ahead that wears you out - it’s the grain of sand in your shoe.” Truer words were never spoken.

The grain of sand in the shoe of many Workers’ Compensation claimants is medical and travel reimbursement (M&T). I first discussed M&T in my blog “New York Workers’ Comp Attorney Discusses Mileage Reimbursement.” Please see that blog for the basics. This blog offers an inspirational quote (see first sentence) and a few more tips.

Simple mileage reimbursement requests are rarely a problem unless you are seeking years of unpaid mileage. I recommend you submit M&T at least annually. One important point for anyone using a taxi or bus is that you MUST get a receipt. The insurance company will not reimburse you for your actual taxi or bus expenses unless you provide receipts for them.

Similarly, for durable medical equipment and over-the-counter (OTC) medications, receipts are the key. Additionally, regarding durable medical equipment (ex. heating pad) and OTC medications (ex. colace), make sure your doctor is writing in his or her medical narrative that he or she wants you to have it because of your work related injury. Please remember that if your doctor doesn’t write that you need it for your work injury, it’s unlikely the insurance company will voluntarily pay for it and the Workers’ Compensation Law Judge will be without power to order the insurance company to pay.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

Share on Facebook

Ziff Personal Injury Attorneys Named “Super Lawyers” Again

July 2, 2009Choosing a LawyerNo Comments

Carl Hayden and I were once again named to the annual list of Super Lawyers by Super Lawyers magazine! This is a distinction I’m very proud to announce.

Super Lawyers recognizes what they describe as “exceptional attorneys” all over the country, in more than 70 types of practice. The magazine’s circulation is more than 13 million.

In the category of Elmira personal injury lawyers, Carl Hayden and James B. Reed are the only names listed.

What makes some lawyers “super”?

Super Lawyers magazine has a unique and thorough process of selecting outstanding attorneys. There are three stages: Finding candidates through peer nominations (monitored so there are no self-nominations or traded nominations), evaluation by research (independent research by Law & Politics), and evaluation by other lawyers. You can read about the process in detail at “Super Lawyers Selection Process.”

I will quote one part, about the criteria they use: “12 indicators of peer recognition and professional achievement: verdicts and settlements; transactions; representative clients; experience; honors and awards; special licenses and certifications; position within law firm; bar and or other professional activity; pro bono and community service as a lawyer; scholarly lectures and writings; education and employment background; and other outstanding achievements.”

Whew! After reading that it’s not surprising that Super Lawyers represent less than 5 percent of lawyers in the state.

What does it mean for our clients?

Carl and I are the ONLY plaintiffs’ personal injury lawyers in the area to receive this distinction and that fact is not lost on insurance carriers and defense attorneys who must assess the qualifications of the opposing attorney when making a decision about whether they should offer full value to settle your claim.

http://www.zifflaw.com

Credentials Matter: Things to Check Before Choosing an Attorney (zifflaw.com)
Eight Powerful Reasons to Hire a Local Attorney (zifflaw.com)

Share on Facebook

When Facebook Isn’t a “Friend” to Your Personal Injury Case

July 1, 2009Computer Tips, LawsuitsNo Comments

You’re being watched.

At least, you are if you have a Facebook account - as only a bazillion or so people do. And I don’t just mean watched by your Facebook “friends.” You could also be offering your life and habits up to people who don’t have your best interests at heart.

Most people don’t realize this, but if you have a Facebook account, the default privacy settings allow people who live in your region to see your page EVEN IF THEY ARE NOT YOUR FRIENDS.

What does this have to do with personal injury law? If you have a personal injury case, you might want to be very careful about what you post to Facebook. Stop and consider - do you want everything you post to be viewable by the insurance company’s legal team?

The Facebook flaw

I was made aware of this Facebook issue by attorney Jason Lee Paris. A a friend of his who is a defense attorney told him how she had participated in a case where the plaintiff claimed severe mental and physical problems. The plaintiff claimed he: “had no life, cannot do anything, doesn’t go out of the house except to the doctor or to work, is depressed, is physically limited, used to love to dance and play sports and now does neither at all anymore, has not gone outside the state of New York since his accident, etc etc.”

This defense attorney then changed her county of residence on her Facebook profile (Wonder if that was unethical conduct on the part of this lawyer?) so that she could secretly view the plaintiff’s Facebook page without being his “friend” - and lo and behold: There were recent photos of the plaintiff dancing at a wedding in Puerto Rico and playing soccer last summer. He’d also posted lots of information about his activities and feelings. His case was blown by his own Facebook profile.

This plaintiff was dishonest, and as a personal injury attorney I don’t want anything to do with representing dishonest people. In fact, I tell my clients, I can always deal with the truth but a single lie can kill an otherwise good case.

The point of this post is to be totally honest with your injury lawyer because it is important to be aware that insurance companies will use EVERY means available to weaken your personal injury case.

Check the Privacy settings on your Facebook account (find them under Settings on the right side of the top toolbar). You can fine-tune them to make sure the people you trust get to track your life - NOT the people you don’t.

Facebook postings foil N.L. man’s injury lawsuit (cbc.ca)
Six Mistakes That Could Ruin Your Accident Case (zifflaw.com)
Serious Facebook Profile Leak Exposed (thenextweb.com)

Share on Facebook

Online Course Can Cut Your Auto Insurance Cost

June 19, 2009NY Auto Insurance1 Comment

Like saving money? Who doesn’t! (Especially in this economic climate!) defensive-driving

I just received a compelling money-saving tip from my good friend Peter Wallin, of Wallin Insurance in Elmira.

Peter’s most recent edition of the Wallin Insurance Newsletter included a tip about the New York state Defensive Driving Class - a class that can save you 10% on your auto insurance. Maybe you’ve heard of the class before, but the latest twist is that the course is now offered ONLINE.You don’t even have to leave your house to become a better driver!

The New York DMV-approved test is offered online at a number of sites. The one recommended by Wallin Insurance is I Drive Safely, www.idrivesafely.com.

Here is Peter’s personal assessment of the class:

It does take 6 hours but you can take breaks along the way - you actually have 30 days to complete the course from the comfort of your own home.
There are videos and cool demonstrations that make it interesting.
There are 6 modules with quizzes at the end of each. If you pay attention to the material it’s fairly easy.
The class has a unique voice verification system where they call you several times during the class to confirm that YOU are actually taking the class yourself.
Once you complete the class your official certificate will be mailed to you - and it’s good for 3 years.

The cost of the class is $48.95. All the drivers in a household can take the course, and it can save each 10% on their current auto insurance rate for 3 years.

In addition, Wallin Insurance is even offering a $20 personal refund for clients who take the test.

It’s only smart - save and play it safe!

You can e-mail Peter Wallin at Peter@WallinInsurance.com and visit www.wallininsurance.com to sign up for the newsletter yourself.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
NY Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Share on Facebook

Chemung County Police Cars Get Connected: Area Police to Use Wireless Broadband

June 11, 2009Keeping Your Family Safe, Law TechnologyNo Comments

laptop-in-a-patrol-car I just heard about another way technology is making the Twin Tiers a safer place to live. WETM-TV reported on a new feature for Chemung County patrol cars: Internet access.

Thanks to a $225,ooo state grant from the Department of Homeland Security, the Chemung County Sheriff’s Department was able to purchase 22 Verizon Wireless network cards. Officers on patrol can use the cards in their laptops to connect to the Internet wherever there’s a Verizon signal.

All the deputies have to do is slide the cards into their laptops and they could connect to the main server at the sheriff’s office.

This is going to a real boon to officers on duty, County Sheriff Chris Moss explained. Sheriff’s deputies will be able to patrol our neighborhoods for longer periods of time. Along with license checks and blotter entries, they can now do much of their paperwork right in the car.

Testing of the system was during May. Soon all the police departments in Elmira, West Elmira, Elmira Heights and Horseheads will have the same technology.

Making more new connections

Here at the Ziff Law Firm, we too invest heavily in the latest, greatest technology so as to provide the best service possible to our clients. A few years ago I implemented a “paperless” office (clutter-free and ecological). Many of the Ziff attorneys contribute to blogs like this one, and/or our online FAQs. We use e-newsletters to offer more information and special offers. The firm even has its own Ziff Law Facebook page (you should check it out)!

It’s not always easy or cheap to put new technology to use. You have to learn new skills and spend money. I applaud the increased use of high technology to improve local services - especially when it comes to the best ways to share information securely and quickly. It’s going to make our neighborhoods safer and take some stress off of our police officers.

Share on Facebook

Social Security Disability: Just Apply

May 27, 2009Miscellaneous, Social SecurityNo Comments

: Image via Wikipedia

It was about a week before Jack Schamel retired that I last wrote a blog post. Since that time I’ve had about all I can do to keep up with hearings, client meetings, phone calls and everything else. I’ve missed writing the occasional blog because I find it satisfying to know that some of the folks reading my blogs are actually helped by them. Enough knuckle cracking. Let’s get down to it.

Just doing it is really the theme of this post, which is about encouraging folks to apply for Social Security Disability. I’ve had too many people come to me who would clearly be disabled for purposes of Social Security Disability, but for a variety of reasons either didn’t apply before their date last insured (DLI) or didn’t appeal the decision denying them benefits for an impairment onset date before their DLI. For a more in-depth discussion of DLI, see my blog post “Social Security Disability and Date Last Insured.”

While it is certainly true that if you can prove that the onset of your impairment occurred before your DLI you would be entitled to benefits, this is not the way to go. By applying and, if necessary, appealing a denial (preferably with the assistance of an attorney), you and your attorney should be working with your medical providers to ensure that Social Security has the medical evidence of your impairment.

The bottom line is: you should apply and if you’re denied benefits hire an attorney experienced at Social Security Disability. Please see my blog post “Social Security Disability: Getting Started” in which I have the link to apply for benefits online.

You have nothing to gain by waiting and, if you’re fortunate enough to recover from your disability and return to work, you may be eligible for a closed period of disability for the time you were out of work. In other words, just apply.

Thanks for reading,
Eric

Share on Facebook

‘Hard Work and Perseverance’ Sustain ZiffLaw Scholarship Winner

May 21, 2009MiscellaneousNo Comments

It is very inspiring to come across a young person who has the insight and fortitude to realize that adversity can become a source of strength. To be able to help such a student achieve their dreams is incredibly rewarding.

I’m very proud to announce that Pamela Miller, a senior at Southside High School in Elmira, is a winner of the ZiffLaw Overcoming Adversity Scholarship. Pamela will receive $1,000 to pursue her plans to study international relations and Spanish.

This scholarship is administered by the Community Foundation of Elmira-Corning and the Finger Lakes and awarded to a student attending high school in Chemung County, or at Corning East or West, Waverly, Sayre or Athens high schools. Financial need is strongly considered, but the primary criteria is we look to help a student who overcame some adversity and prevailed through hard work and perseverance.

Pamela certainly qualifies. She contributed a personal essay describing a family tragedy, her father’s suicide, that would leave any child wondering, “Why did this happen to my family?”

“I honestly feel that no one should have to endure what my family and I have gone through…” she writes. “… However, as horrible as some of my life’s experiences have been, I try to extract some good out of them. I realize that the family I do have I must cherish with all my heart and we continue to grow closer every day.”

Pamela is in the top 15 percent of her class and a member of the varsity cheerleading and track teams; Key Club, National Honor Society and History Club. She is also Secretary of Concert Choir and a Youth Rotary Scholar.

There is another winner this year: Alison Bixby, a student at Thomas Edison High School in Elmira. I’ll post another entry telling more about Alison.

Both winners deserve recognition for their ability to excel and not dwell on the past.

A description of the ZiffLaw Overcoming Adversity Scholarship and an application is available on the Community Foundation website. If you know of a deserving student, please encourage him or her to apply for next year’s scholarship.

Share on Facebook

Edison High School Student Awarded ZiffLaw Scholarship

May 20, 2009MiscellaneousNo Comments

Alison Bixby is an exceptional student. A senior at Thomas Edison High School in Elmira, she is the salutatorian of her class and senior class president. She is a member of the cheerleading team, a Junior Rotarian, and a past president and secretary of her class. Alison has also contributed many volunteer hours at Arnot Ogden Medical Center in Elmira.

What may not be obvious about Alison is that she has had overcome personal adversity to accomplish all of this. “I think that the events in my life have only made me a stronger, more compassionate person,” she writes.

Alison is a winner of a $1,000 ZiffLaw Overcoming Adversity Scholarship. The scholarship is awarded annually to local high school students who have overcome significant personal hardship. It is administered by the Community Foundation of Elmira-Corning and the Finger Lakes.

(There is an additional winner this year - Pamela Miller, a senior at Southside High School. Pamela’s story is detailed in another post.)

Alison plans to study nursing and describes her goal as to become a geriatric nurse practioner. I think it’s a rare thing for a young person to say they want to help those who have had a long life. Alison says she feels that she “can give the one-on-one patient care that is needed at this age and build wonderful relationships.”

It’s a very good feeling to contribute to such a goal, especially one from a deserving, hardworking student.

If you know of a student who has prevailed despite adversity, encourage him or her to apply for the ZiffLaw Overcoming Adversity Scholarship. A complete description of the criteria for the award, as well as an application, is available on the Community Foundation website, www.communityfund.org.

Share on Facebook

« Previous Entries

Stay Awake and Drive Safe

Who’s most at risk to fall asleep at the wheel?

What does a “sleeping driver” accident look like?

So what do you do to prevent falling asleep at the wheel?

Asleep at the Wheel, Deputy Causes Deaths of California Bicyclists

Medical & Travel Expense Reimbursement Revisited