By definition, accidents aren’t supposed to happen. I think we do all we can to learn from them – and use what we learn to reduce the risk. That’s how we develop safer cars, roads, and driving rules. But accidents aren’t absolutely avoidable – which means you have to be prepared, and understand your options if you are ever in a car crash.

A local man and woman were very seriously injured last week in a car accident that’s cause is still unknown. WETM reported the incident in the story “Southport Woman in Critical Condition After Crash” (pasted below). The woman veered out of her lane and hit a bakery truck in the oncoming traffic on Route 352. The truck driver was seriously injured too.

A crash like this raises a lot of questions: “What happened?” and “Why?” And then “What happens next?”

After an auto accident, that question is strongly connected to Auto Insurance. How does it work to cover damages and injuries? It’s a complicated topic, which I’ve helped many clients understand. There are even a different set of rules when motorcycles are involved, a topic I write about frequently on my motorcycle blog, the NY Biker Law Blog.

In the Route 352 accident, the driver of the car, who appears to be at fault, will have coverage for her injuries through the No-Fault portion of her policy. The bakery truck driver was likely working at the time of the accident, meaning that rather than No-Fault, his Worker’s Compensation carrier would be responsible for paying his medical bills and lost wages.

What is “No-Fault” Insurance?

We have an FAQ section at ZiffLaw.com devoted to the legal issues our firm covers, from injuries and accidents to family law; bankruptcy, medical malpractice to real estate. There’s a section explaining No-Fault coverage and how it works.

No-Fault Insurance in New York state means that the insurance carrier for your vehicle, rather than the insurance carrier for the other vehicle, pays your medical bills or lost wages. This is true regardless of who was at fault in causing the accident, hence the name.

Some No-Fault benefits:

• All No-Fault policies in New York are required to provide TOTAL coverage of no less than $50,000 for both medical costs and lost wages.
• No-Fault covers hospital and medical expenses.
• No-Fault covers lost wages at 80%, up to $1,000 per month (that’s the N.Y. minimum, some policies pay more) for a period not exceeding three years

What doesn’t No-Fault cover?

No-Fault does not apply to property damage claims. Such claims are usually paid for by the insurance carrier for the vehicle that caused the collision or by your carrier if you carried collision coverage.

No-Fault does NOT apply to motorcycles. Check out the explanation in my motorcycle insurance FAQs to see how motorcyclists are treated differently, or order a free copy of my book, “Would You Ride Your Motorcycle Naked?” It explains how many motorcyclists are riding “naked” because they don’t have the proper insurance coverage – and don’t even realize it.

It’s sad when accidents happen and people get injured. I think about Chris Ackley, the truck driver, just doing his job and probably a family and children relying on him at home.  He did nothing wrong, and yet he is now laying in a hospital bed.  No one yet knows why the accident happened, why the other driver left her lane. We have seen it happen many, many times in other cases. She could have been distracted by her cell phone, texting, changing the radio station, eating, or even putting on nail polish, the cause of a fatal accident I recently blogged about in the post “‘Nail Polish Crash’ Driver Sentenced for Causing Fatal Motorcycle Accident.”

Thanks for reading and please drive safely!

Adam

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

Visit the NY Biker Law Blog at www.NYBikerLawBlog.com!

Southport Woman in Critical Condition After Crash

Reported by: Naveen Dhaliwal (ndhaliwal@wetmtv.com)

BIG FLATS – A Southport woman is in critical condition in Rochester.

The Chemung county sheriff says the crash happened about 10:15 am on Thursday morning on State Route 352 in the Town of Big Flats.

They say Christina Pappas of Southport was driving her jeep Cherokee westbound.  She veered into the eastbound lane and hit a Stroman’s bakery truck.

The Sheriff says the truck driver is 52-year-old Christopher Ackley.  Ackley is in stable condition at a local hospital.

Pappas is in critical condition in Rochester.  The Sheriff says the road was closed for about an hour and a half.  The road is open now.

My hat is off to Elmira Police and the local residents who assisted the police in identifying the hit and run driver who hit the 18 year old skateboarder on Hoffman Street in Elmira, right in front of EFA High School.  As you might imagine, it can be tough to track down hit and run drivers but it’s nice to see that with hard work, persistence and the assistance of eyewitnesses, the police were able to track down the cowardly driver who hit this poor skateboarder.  Although the police have located the driver, they have not publicly released the driver’s name at this time.

From my perspective, I am glad that this driver has been found and I hope he is prosecuted to the fullest extent of the law!  How someone could run down another person and then leave them to die on the side of the road is beyond me……

CRIMINAL CHARGES LIKELY

The hit and run driver will likely be facing a long list of very serious criminal and vehicle & traffic charges:  Leaving the Scene of an Accident, Failure to Yield the Right of Way, Imprudent Speed, Following Too Closely, etc.

CIVIL LAWSUIT LIKELY

In addition to these criminal charges, the driver will also be liable in a civil lawsuit for the injuries and damages his negligent driving has inflicted on the skateboarder.  The skateboarder will need to pursue coverage for his medical bills and lost wages from the insurance carrier for the driver and often times that coverage is insufficient to cover the full extent of the bills so the skateboarder may need to pursue additional coverage from other sources like his own health insurance coverage, coverage from his own car or another car in his household, crime victim trust funds, etc.  Unfortunately, all of these insurance coverage issues can become very complicated so my best advice to this skateboarder is that he should talk to an experience personal injury lawyer ASAP who can guide him through the complex maze of these insurance issues.

SKATEBOARDER IDENTIFIED AS TIMOTHY OLSON

As to the skateboarder, he has now been identified as Timothy Olson of Elmira.  The Elmira Star-Gazette (full story below) lists Tim as still being in critical condition at the Arnot Ogden Medical Center. My best wishes go out to his family for a quick recovery.

Thanks for reading,
_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Phone: 733-8866

Elmira police find driver in hit-and-run

Elmira police on Thursday said they have found the driver involved in the recent hit-and-run accident with an 18-year-old man on a skateboard, and released the name of the injured man.

Police said Timothy Olson, 18, of Elmira, was injured in the Tuesday night accident on Hoffman Street in Elmira He was listed in critical condition Thursday night at Arnot Ogden Medical Center.

Police did not release the name of the driver, citing an ongoing investigation into the incident.

Police said they used tips from local citizens to find the driver.

My heart goes out to a local teenager and his family following a tragic hit & run collision that occurred on Hoffman Street in Elmira in front of EFA High School.  I have three teenagers of my own who attended EFA and I just hope and pray that this poor teenager will be OK.

While my heart bleeds for the victim, I have nothing but contempt for the driver who hit this poor kid and left the scene.  Several years ago, I represented a family whose 14 year old son was run down and left to die on Maple Avenue and I can still feel the anguish of that family who would always wonder if their son might have been saved had the cowardly hit and run driver stopped and rendered aid to their son……

This latest tragedy involves a teenager who was skateboarding and I was asked by our Elmira TV station, WETM-TV, to discuss the laws that might be applicable to this skateboard and car collision.

As many of my readers know, every Wednesday I do a LawTalk segment on WETM-TV news where I discuss current legal issues and laws.  I love doing these shows for two reasons:  first, it is an opportunity for me to help folks better understand the many laws that effect their daily lives; and second, it is an opportunity for me to improve my own legal knowledge as very often I need to do research to better understand the weekly topic we will be discussing.  It is a win/win for everyone.

This week we discussed the laws pertaining to skateboard use in New York State.  As I told our viewers, under NY law, skateboarders, like bicyclists, have a legal right to use the roads. Bicycles, in-line skaters, and skateboarders may all use the roads subject to the rules of the road that pertain to cars and motorcycles– bicyclists and skaters must obey all traffic signals, signs and pavement markings that apply to other drivers with obvious exceptions and special rules.

I also told our viewers that my best legal advice to the hit & run driver is to promptly talking to a criminal defense lawyer (not me as I only represent injury victims like the skateboarder, NOT the people who inflict those injuries!) and then turn themselves in to the police.  It’s the legal thing to do and it’s the moral thing to do.

My best to the skateboarder and his family.  My best to you and your families.

Thanks for reading.

Thanks, Jim
_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer

Here is the WETM-TV Story that prompted our discussion:

Elmira, N.Y. – Elmira Police are saying the teen victim is 18 years of age not 19 as originally reported.  Elmira Police are still searching for the driver involved.  The incident happened around 8pm Tuesday night in front of Elmira Free Academy. Police stated that they are looking for the driver of a golden or tan colored sport style sedan. Officials stated that the vehicle may have damage to the front end.

The 18-year-old victim was taken to Arnot Ogden Medical Center. Police are not releasing his name at this time. One witness tells WETM 18 News that he could not believe what he saw Tuesday night. “I just happened to be looking out the window and I said wow what was that? I thought the car had run over the grate or something but it was so loud. Then I saw something in the street and I thought it was a hat rolling or something and I saw the kid laying there,” stated witness James Banks.

Elmira Police need your help in finding the driver involved. If you have information, you are asked to call them at 271-HALT or the Elmira Police Traffic Bureau at 737-2940.

In handling cases all over NY and Pennsylvania, I am frequently walking the streets near courthouses.  I am always very careful to use crosswalks, not jay walk, and always cross with the light.  Despite all these efforts to stay safe, I have almost been hit more times than I can count.  It seems that drivers don’t understand that they have to yield to pedestrians in the cross walk when they are turning.  Pedestrians have the right away, and are directed by crossing signs (where they exist) to cross with traffic.  In fact, cars are ALWAYS required to yield to pedestrians, even if the car has the right of way.  Just as we are not allowed to smash into a car that fails to yield the right of way to us, we have to do everything we can to avoid hitting pedestrians.

As someone who frequently walks in these crosswalks, it is frustrating that so few people seem to understand when pedestrians have the right away.  In a collision between a car and a pedestrian, it’s obvious who comes out the loser.  In addition to the broken ankles, broken legs, broken hips and internal injuries one would expect from such a collision, there is also a high incidence of head injuries and traumatic brain injuries as pedestrians aren’t wearing protective helmets like bicyclists or motorcyclists.

Over the years, I have handled many cases where pedestrians were struck by drivers, and the results are never pretty.  A recent car/pedestrian collision in Bath, NY, originally reported by WETM TV which I am attaching below,  is a perfect example of  everything that can go wrong.  Oddly enough, I previously handled a car/pedestrian collision at that very intersection.

In this newest incident, it seems that a car driven by60 year old Edward Kuhnen struck not one but two pedestrians (one was an 11 year old child) as he was turning on to Liberty Street in Bath.  Sadly, this accident occurred in broad daylight, occurring at 11:40 AM.  There is no excuse but inattention for this driver to have struck these pedestrians, which is why the driver was ticketed.

Luckily for the pedestrians, they will be covered by no fault insurance, which will pay for their accident related medical costs and any lost wages the adult will suffer, and the pedestrians may also have a good personal injury case against the driver because of his negligent operation of the car.  There will be an absolute minimum of $25,000.00 in available coverage for each of the pedestrians, as that is the absolute minimum coverage required by the State of New York.  If the pedestrians’ injuries exceed $25,000.00, the pedestrians may be able to seek additional compensation from their own automobile insurance carrier or the carrier for a relative they live with.  The rules regarding how much coverage is available and where the coverage comes from are VERY complicated, which is why it makes sense to hire an attorney with experience handling these issues.

Sadly, the entire incident could have been avoided if the driver was paying attention to where he was going.

Thanks for reading, and stay safe out there!

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

Visit the NY Biker Law Blog at www.NYBikerLawBlog.com!

Reported by: Nick Natario
Email: nnatario@wetmtv.com
Last Update: 8/23 11:48 pm

Print Story

|

ShareThis Bath – Two people were sent to the hospital Monday after Bath Police officials say they were hit by a car while they were crossing the road.

The accident happened at 11:40 Monday morning.

Police say Edward Kuhnen, 60 was turning onto Liberty Street when he hit a 51-year-old and 10-year-old.

Both of them were sent to IRA Davenport Hospital, but have been released.

Kuhnen was ticketed for failure to yield the right of way to pedestrians in a crosswalk.

I am no fan of forwarded emails.  I delete most forwards without even opening them first.  So does my husband, a local Chemung County prosecutor.  This morning, however, I was very surprised to find he had sent me a forward.  “This better be good,” I thought, “or else I am going to given him a ration of teasing tonight when we get home!”

He is clearly off the hook.  The message he sent left me feeling sick and a bit shaken.  I consider myself a fairly safe driver, and feel very comfortable transporting my lovely one-year old daughter around Elmira.  However, I am not immune to the lure of 21st century technology, and admit I have — on occasion — been tempted to break the law by talking on my cell phone or even texting while driving.  I know it is unsafe and very irresponsible, but, like many people, I have been torn between the desire to answer the phone and keep driving rather than pull over to take a call.

I will never, ever be tempted to do it again.

Again, I am not someone easily swayed — or even moderately interested — in mass emails, but the message I pasted below will keep my phone off and hidden from this day forward any time I am behind the wheel.

I could not include the last three photos attached to the email.  They are simply too graphic.  At risk of offending you, I will tell you they show a young man in his 20s who has been literally cut in half.  The force of the crash ripped his torso apart near his belly button, and spewed his guts across the road like disgraced roadkill.  He clearly had no chance whatsoever of surviving.  I have seen a lot of graphic photos through my line of work, but still feel sick as I write this blog post.

_________________________

THIS IS NOT PRETTY—WEAK stomach DO NOT LOOK PAST “WERE NOT DONE YET”

The below photo’s truly tell why “no one” should ever talk on the cell phone while driving.

Take a moment and scroll through all the photo’s and they last 2 or 3 should remain in your memory for a long, long time.

PLEASE SHOW THIS TO YOUR CHILDREN AND YOUR GRANDCHILDREN…CELL PHONE USE HAS JUST ABOUT PASSED DRUNK DRIVERS AS THE LEADING CAUSE OF AUTOMOBILE DEATHS!!!

Look at this, you’ll never want to text or cell phone while driving again!!!

THIS IS WHY YOU SHOULD NOT BE TEXTING OR USING YOUR CELL PHONE WHILE DRIVING.

This guy was texting a friend when he crossed the center line!!!!

THIS IS WHY…

AND THIS ….

AND THIS …

AND THIS …

AND ESPECIALLY THIS …

WE’RE NOT DONE YET… if you have a weak stomach do not scroll any further.

Again, for the integrity of this blog and the crash victim I could not include the final three photos.  Trust me when I tell you they were graphic.  Don’t use your phone while driving.  It is just not worth it.

Thanks for reading!!

Christina
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web: zifflaw.com
Blog: NYInjuryLawBlog.com

Want to save money on car insurance?  It’s simple, really.  Just buy a car that has a low history of claims.  The insurance companies track all kinds of data including, on average, how much they pay out on claims per type of vehicle.  If you have one with a history of high claims they will charge you more.

For years, you used to hear that the Camaro was the most stolen car in America. It led to General Motors/Chevrolet developing the first “key with a chip” in the ’90s. Vehicle Anti-Theft Systems have gone far beyond an electronic resister built into the key.

Car makers have added alarms, keypad entry, engine immobilizers that prevent hot-wiring, VIN-etched windows, and tracking services like GM’s OnStar or Ford’s Rescu, to mention a few innovations. There is a slew of aftermarket anti-theft accessories too, from hidden engine kill switches to steering column collars and steering wheel locks.

Yet with all these precautions, hundreds of thousands of cars are stolen every year in the United States. The Highway Loss Data Institute just released a list of the Top 10 Most Stolen Cars. I came across the list and photos at CNNMoney.com recently.

The car companies know these cars are coveted and valuable. They are loaded with all the latest anti-theft technology.

Not only would any of these vehicles carry a hefty price tag at the dealership, they are going to cost you extra on your insurance premiums. Below, I’ve included the list of the Top 10 Most Stolen Cars, along with the average insurance payout per claim.

Insurance companies base their premiums on two things: The likelihood they’ll have to pay you, and what they expect to pay out if they DO have to pay you. So for any of these vehicles, it’s a double whammy. You will be paying a lot more for your insurance, even if you live in an area that feels safe and low-crime.

Higher Risk, Higher Premiums

Here’s the list of most stolen vehicles, with the Cadillac Escalade at No. 1. As you read this chart, I want you to keep in mind just one more figure … on average for all vehicle losses, insurance companies pay out $14 per passenger vehicle for theft claims in America. That means the Escalade costs the insurance companies 9 times the average cost in payouts. What do you think that does to the premiums they charge?!

Some people get a kick out of driving a car that’s coveted by other people. They catch people glancing at it, get asked about it and get to describe all its great features. And an advanced vehicle, with great safety features, may save you some money on your premiums for reducing the chance of serious injuries in an accident. Overall, however, there are vehicles which are safe, not showy, and a better choice if you want to save money on your car insurance.

My colleague, personal injury attorney Jim Reed wrote a great book, “Learn the Five Secrets to Buying Auto Insurance in NY”, which is full of tips and advice that will help youi choose your auto insurance. You can order it free from our firm by clicking on the link.

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
www.zifflaw.com

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

This article was previously published on Adam Gee’s newest blog, NY Biker Law Blog.  The original article can be found here.

We’ve all seen it – the drivers who are talking on cellphones, fixing their hair, eating, drinking, applying makeup – doing whatever they can to combine their driving time with some other task.

Distracted driving is not only dangerous – it’s deliberate. Does anyone really want to have on their conscience the fact that they harmed someone else because they were trying to finish their grooming in the car?

Last year in Chicago, a driver who was painting her fingernails while driving, struck and killed a motorcyclist in a Chicago suburb.

The American Motorcyclist Association recently posted an article, “Fingernail-painting driver who crashed into motorcyclist sentenced to 18 months” (the story is also pasted below), about the resolution of the 2009 case.

Lora Hunt, a nurse, hit biker Anita Zaffke at a stoplight. Hunt admitted to police at the scene that she had been doing her nails at the time of the accident. Hunt has been vilified on the Internet, and the accident labeled “The Nail Polish Crash.”

Last week, the sentencing was announced in the case. Hunt was charged with “reckless homicide.” She was sentenced to 18 months of nighttime jail, 240 hours of community service and 30 months on probation.

I hope it is enough to bring Anita Zaffke’s family some peace. Anita’s son, Gregg Zaffke II, began painting his own nails black in remembrance of the accident that took his mother’s life. He created an organization, the Black Nail Brigade Foundation Against Distracted Driving to spread the word about distracted driving and to lobby for laws that would impose appropriate punishment for distracted driving that harms or kills others.

A photo on Gregg’s website even shows the dashboard of Lora Hunt’s car – splattered with nail polish after the crash that killed Anita Zaffke. It’s shocking that such a trivial thing ended one life and damaged many others.

The AMA also strives to educate motorists and motorcyclists about the risks of distracted drivers. The organization has an AMA position statement about distracted driving, which includes this quote from a National Highway Traffic Safety Administration report: “Driver inattention is the leading factor in most crashes and near-crashes . . . Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event.”

Four out of five crashes are caused by driver distraction. Remember that statistic when you’re out on your motorcycle.  Assume that car is going to pull out in front of you.  Assume that car turning left will fail to yield the right of way to you.  Plan your escape and be ready to act.  Assuming the worst may save your life some day.

Thanks for reading,

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

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

Fingernail-painting driver who crashed into motorcyclist sentenced to 18 months

Posted July 23, 2010 on the AMA website.

Lora Hunt, the motorist who crashed into motorcyclist Anita Zaffke in a Chicago suburb in 2009 and killed her, has been sentenced to 18 months of nighttime-only imprisonment. Hunt ignited outrage within the motorcycling community when she admitted to police that she was painting her fingernails at the time of the accident.

During her jail sentence, Hunt, who is a nurse, will be allowed to work during the day as well as go to counseling sessions. The Morris, Ill., resident must also perform 240 hours of community service and spend 30 months on probation.

Hunt was sentenced on July 22 by Lake County (Ill.) Judge Fred Foreman after being convicted on May 6 of reckless homicide.

Zaffke, 56, of Lake Zurich, Ill., was killed on May 2, 2009 when Hunt ran into the rear of her motorcycle at a stoplight in Lake Zurich, about 40 miles north of Chicago.

After the fatal crash, Greg Zaffke II of Wauconda, Ill., the victim’s son, began painting his fingernails black as a reminder to anyone he meets of his mother’s death. He also formed the Black Nail Brigade Foundation Against Distracted Driving (www.BlackNailBrigade.org) to publicize the dangers of distracted driving, push for legislation to impose appropriate penalties for distracted drivers who seriously injure or kill others, and to boost awareness to share the road with motorcycles.

Ed Moreland, AMA senior vice president for government relations, called the entire episode tragic.

“On behalf of the AMA and its members, I want to express our sincere condolences to Ms. Zaffke’s family,” Moreland said. “Tragedy can result from distracted driving, and we hope that our efforts and those of Greg Zaffke will help avoid further tragedies.”

In 2009, the AMA adopted a formal position statement that endorsed enhanced penalties for those who injure or kill others while operating a motor vehicle when distracted or inattentive operation is involved, with the goal of preventing motorcycle crashes from occurring in the first place. To read the AMA’s position statement on distracted and inattentive driving, go here.

Summer is road construction season. A tragic local accident (discussed below) got me thinking that I should send a reminder to my readers that you have to be very attentive to construction vehicles during this busy roadwork and building season.

Construction vehicles are huge, dangerous and unpredictable:

• They are often coming and going from unexpected areas alongside the road.
• They are often working unusual hours early in the morning or late at night.
• Traffic patterns and signage in and around construction sites can often be confusing.

For all of these reasons, you need to be extra careful around construction sites. Please be safe out there!

Here is the sad story reported by WETM-TV that got me thinking of this subject:

“Fatal Accident”

(Nick Natario, Last Update: 7/31 9:56 p.m.)

CAMPBELL – A woman is left dead and two others in serious condition Saturday night after their car slammed into a dump truck Saturday afternoon in Steuben County.

Around 2 Saturday afternoon, Steuben County investigators say the dump truck was trying to turn into a work site on off State Route 415, when a car slammed right into it.

State Route 415 had to be closed for a few hours.

Officials say three women were in the car.

Pauline Rossi, 80, of Horseheads was transported to Corning Hospital, but was pronounced dead shortly after arrival.

The other two, Terri O’Rouke, 50, of Elmira Heights and Mary O’Rouke, 55, of Horseheads were airlifted to Robert Packer Hospital.

Neighbors who witnessed the event say they were stunned by the tragedy.

“This was just a simple day out shopping enjoying themselves and something like this is so unfortunate, so horrible that happens and just, it makes my heart drop,” said Donna Sharp.

The sheriff’s office collision reconstruction team was called into the scene.

They are still investigating the crash.

At this time no charges have been filed against the driver of the dump truck.

Thanks for reading,

Jim
_______________________________________
James B. Reed, Esq.
NY Boating Accident Lawyer
Ziff Law Firm, LLP
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
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

This article was previously published on Adam Gee’s newest blog, NY Biker Law Blog.  The original article can be found here.

Every biker should know the acronym ATGATT.

It stands for All The Gear All The Time. But maybe knowing what it means isn’t enough. It could be that some people need to see the disfiguring, agonizing, even life-threatening effects of Road Rash – the awful result of hitting the pavement when not wearing all your motorcycle gear.

I came across a blog post , “Road Rash Girl Speaks Out” where one young girl was brave enough to show some of her scars and willing to describe her long recovery  from a motorcycle accident. Road Rash girl lost skin on her stomach, back, legs, hands, arms – one breast was almost ground off – almost everywhere on her body except her thighs, she says.

The accident was out of the blue – she hopped on the back of a friend’s bike in a casual summer outfit and a helmet. I see girls dressed just like her on the backs of bikes almost every day.  What she and her friend never expected was that she would be pulled from the back of the bike by a gust of wind, and strike the asphalt at high speed – tumbling, rolling, and scraping.

She didn’t die in the crash, but at times she wished she had.  She suffered severe, third-degree road rash – which led to painful skin grafts and skin debridement (the removal of dead tissue).  My clients tell me the skin debridement is more painful than the actual crash, as the doctors scrape and brush at the the road rash, trying to pick dirt and rocks out of the skin to prevent infection.

Road Rash Girl is a survivor. She talks about how the pain helped remind her that she was alive, and she felt so lucky to be alive after the accident.

I can’t help thinking what a shame she wasn’t wearing protective gear, riding wear that could have taken some of the damage and abuse that happened instead to her skin.  It is amazing the abuse that a proper riding jacket can absorb.  A recent client of mine hit the pavement at 65 miles an hour and walked away with not so much as a scratch on the parts of his body the jacket covered.  He had some rash on his knees through a pair of jeans, and a little on his wrists between his gloves and the jacket.  His full face shield helmet protected his head.  All his equipment did its job.

The American Motorcyclist Association has an Interactive Motorcycle Gear Page. It’s the outline of a biker, and as you click on each part of the body, recommendations about helmets, jackets, pants, and boots pop up. You can learn just what you need to get, why, and how to pick it out.

Remember ATGATT.   ALL THE GEAR, ALL THE TIME!  I know if you read Road Rash Girl’s story and see her photos, it’s unlikely you can forget.

Please ride safely out there,

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

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

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• How to Choose Clothing for Riding Your Motorcycle (motorcycleinsurance.org)
• NY and PA Motorcycle Accident Lawyer Warns Bikers After Serious Motorcycle Crashes in Both States (zifflaw.com)

This article was previously published on Adam Gee’s newest blog, NY Biker Law Blog.  The original article can be found here.  We are re-printing the article here in the hopes that  reading this will keep people safer on the highways whether you are a biker or not.

Riding with your friends is a fantastic way to get out and enjoy your motorcycle. Heading for the same destination, enjoying the same road and sights – like all kinds of activities, it’s better when you get to share it with others who have the same appreciation.
Group rides depend on good communication between cyclists, however. The Motorcycle Safety Foundation has a video about safe riding in groups, and the American Motorcyclist Association has a list of oft-quoted, but very important 17 tips to make a group ride safe and fun.

Before we get into the 17 tips, I’d like to add just one more piece of advice: Know your hand signals!The correct hand signals are how you will be able to communicate turns, stops, hazards and other information to your fellow riders. They are indispensible knowledge for every motorcyclist. Here is a breakdown of the important signals from the AMA:

17 Strategies for a Safe Ride from the American Motorcyclist Association

1) The first thing you want to do is organize the ride. This can be as informal as standing around in a parking lot, or as complicated as a special meeting to hand out maps and cellphone numbers.

2) Remember that riding in a group does not mean you surrender any decision making when it comes to your safety. Ride your own ride, and don’t go any faster than you feel comfortable going.

3) When picking your route and the stops you’ll make along it, consider the stamina of the group, the experience of all the riders, and the limits of the motorcycles in the group. Remember, these are your friends. If it’s going to be a long ride, be sure to have a few break stops along the way.

4) You’ll need to communicate while on the ride, so make sure everyone knows the signals you’ll use (posted above).

5) When creating your formation, it’s wise to have your experienced riders at the lead and running sweep. Consider positioning the less experienced riders immediately behind the leader. This allows the front rider to adjust the pace if necessary.

6) Ideally, the sweep rider will have a cellphone to call for help if a motorcycle is disabled, or if there has been an accident.

7) If the goal of the ride is to keep the group together, the leader should only go at the pace of the least experienced rider.

8 ) While riding, don’t fixate on the motorcycle in front of you. Instead, remember your basic training. Look well through the turn to where you want to go.

9) If the group is riding faster than you are comfortable with, let the sweep rider know you’re dropping out and ride at your own pace. So you may reach your destination a few seconds behind the others, but you will get there, and that’s what’s important. Keep in mind, it’s all about fun.

10) All riders are also responsible for making sure their motorcycles are mechanically up to the task. Before you even meet up with the group, make sure you’ve got plenty of fuel in the tank, and you’ve taken care of all those maintenance issues. Not sure what to check? Use the T-CLOCS inspection checklist. You really don’t want to be the reason for stopping the group for something mechanical you could have prevented.

11) If it’s going to be a large group, consider establishing a buddy system among the riders, or divide the group into smaller five- or seven-rider packs. That way, if something goes wrong, you don’t have 25 motorcycles sitting on the side of a busy highway. Also, smaller groups can more easily navigate through city streets.

12) On the road, motorcyclists should have at least a 2-second cushion in front and behind them. If you want to keep the group tight, consider a staggered formation. Leave enough room per lane so each rider can maneuver side-to-side if need be. Avoid side-by-side formations as they shrink your space cushion.

13) Trikes and sidecars should stay in the center of the lane, and should be given the same amount of cushion as if they were a car.

14) As turns get sharper, or as visibility decreases, move back to a single file formation. You’ll also want to use single file when entering or exiting a highway, at toll booths, or when roads have a rough or questionable surface.

15) At intersections where you’ve come to a stop, tighten the formation to side-by-side to take up less space. As the light turns green, or when traffic opens up, the bike on the left proceeds through first.

16) Remember we share the road with many other vehicles, and it’s against the law to block an intersection.

17) When parking, try to get the group off the roadway as quickly as possible. If you can, arrange in advance to have pull-through parking at your destination, or at the very least, make sure there is ample parking for your size group.

Remember these rules when planning a motorcycle outing with friends, and the outcome should be safe and fun for everyone.

Thanks for reading and ride safe,

Adam
_______________________________
Adam M. Gee, Esq.
NY and PA Personal 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
www.zifflaw.com

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