Woman, Child In Stroller Struck By Truck In Corning Crosswalk, Says NY and PA Personal Injury Lawyer

Police car image

A 29-year-old woman and a 3-year-old child she was pushing in a stroller were injured Thursday when they were struck by a pickup truck while crossing East Denison Parkway in Corning, police said.

The driver of the pickup truck told police he did not see the woman and the stroller with the child as he was turning left.

It is inexcusable that a driver could be so inattentive as to miss a woman walking a stroller through the crosswalk on Denison Parkway. I have personally handled almost the exact same case in the past with a pedestrian struck in the crosswalk at Cohocton Street crossing Denison. In my investigation, I determined that Denison is very well lit and even on a cloudy, overcast and rainy night, a pedestrian is visible from hundreds of yards away. The only way a driver could not see a pedestrian in the crosswalk is if they have their eyes off the road for many, many seconds or simply aren’t paying attention to what is going on around them. 

According to news reports here and here:

Brittany Neu was crossing East Denison Parkway at about 3 p.m. Thursday at the intersection with Cohocton Street, in front of Dunkin Donuts, while pushing a stroller with a 3-year-old when she was struck by the truck. The driver was was turning left from Cohocton Street onto East Denison Parkway.

crosswalk signNeu was thrown about 10 feet by the impact of the truck, police said.

City firefighters and a Rural/Metro Ambulance crew treated Neu and the child at the scene, then transported them to the Corning Fire Department. Neu was airlifted by a Guthrie helicopter to Robert Packer Hospital in Sayre, Pa. The child was also transported to Robert Packer.

Their injuries were not considered life-threatening, police said.

Witnesses said Neu was within the markings of the crosswalk when she was struck. The stroller was not struck but toppled over during the accident, police said.

The driver was cooperative and went to the police department for questioning, police said.

The intersection was closed for about an hour during the start of the investigation, which is continuing. No tickets have been issued yet, police said.

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: [email protected]


Careless Avoca School Bus Driver Drags Girl Almost A Half-Mile, Says NY and PA Injury Lawyer

 

Bus stop signA careless school bus driver dragged a Steuben County girl for almost a half-mile Tuesday, Fortunately, the little girl was not seriously injured.

According to local news reports here and here:

The girl’s book bag got hung up on the bus door as she was leaving the Avoca Central School bus at about 3:30 p.m. Tuesday on County Route 55 in the Town of Fremont, north of Hornellsville.

The girl, who was not identified by police, was dragged four-tenths of a mile before the driver noticed her!

Bus drivers are required to watch the students to make sure they are clear of the bus before even shutting off the flashing lights, much less starting down the road. At this point, no one knows what this bus driver was doing but he or she certainly wasn’t paying any attention to the student  – which is the driver’s primary responsibility.

The girl was treated at St. James Mercy Hospital in Hornell for foot injuries and released.

Police are still investigating the incident.  Anyone with information concerning this incident is urged to call the local authorities.

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: [email protected]


Be Safe And Smart — Don’t Pass Snow Plows This Winter

www.timesunion.com

www.timesunion.com

Everyone knows you should not pass a stopped school bus when its red lights are flashing, and now that the snow is flying in the Twin Tiers, many people are wondering if they can pass a snow plow because they have flashing amber lights.

Is it legal to pass a snow plow? The simple answer is yes, you “can”, but why would you want to do it?

It’s not recommended for many reasons.

According to the New York State Department of Transportation, snow plow operators have trouble seeing motorists and pedestrians that are too close because their field of vision is limited by blind spots.

Also: 

  • The wing blades of snow plows obscure side views.
  • The size and weight of snowplows make them difficult to maneuver or stop quickly, especially since the highway ahead of a plow often is slippery or snow-covered.

So give the plow operators plenty of room to do their job, and BE PATIENT.

About those flashing amber lights:

New York State Vehicle and Traffic Law requires that plows and other “hazard vehicles” have amber lights to warn motorists and pedestrians to expect the unexpected, and to stay clear of the plows and other vehicles.

DOT logoFor safety reasons, motorists and pedestrians should adhere to the following guidelines, according to NYSDOT:

  • Stay a safe distance away from snowplows. The safest place for motorists is well behind the snowplows where the road is clear and salted. The safest place for pedestrians is on the sidewalk, and in clear vision of the snowplow driver.
  • Never assume that a plow driver can see you.
  • Yield to a snowplow, giving the plow a wide berth with room to maneuver.
  • Beware of deicing materials that may be released from the plow and keep your distance from them.
  • Motorists should make sure to have clear vision ahead and that passing is permitted before attempting to pass a snowplow.
  • On two-lane roads where passing is not permitted, be patient.
  • Be mindful of where snowplows are on multi-lane highways. Watch for plows in travel lanes, on a shoulder or entering the road from a ramp or median turnaround. They also may need to back up, which may impede routine traffic flow.
  • After passing a snowplow, use caution when returning to the driving lane ahead of the plow. The plow blade extends several feet ahead of the truck.
  • Move as far away from the center line as safely possible when meeting a snowplow on a two-lane road coming from the opposite direction.
  • Watch for “white-outs” created by blowing snow coming off the snowplow blade.
  • Don’t travel beside a plow for sustained periods, especially when the plow is cutting through deep snow. Plows can be pushed sideways after hitting drifts or snow banks.

This blog post was adapted from a “Law Talk” segment with me during the WETM News at Noon on Jan. 7, 2015. Ziff Law Firm lawyers discuss legal issues in the news at 12:20 p.m. every Wednesday on Law Talk. Set your DVR to catch the five-minute segments each week!

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)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


Be Sure Your Sidewalk Is Safely Clear Of Ice And Snow This Winter, Says NY and PA Injury Lawyer

edmonton-slippery-sidewalks

It’s January in the Twin Tiers, and even though we have not seen a lot of snow yet this winter, we have seen plenty of ice on sidewalks and roadways.

icy signIt will be treacherous walking until we get our January thaw.

So if you slip and fall and are injured on someone else’s sidewalk, who is responsible?

Generally, it’s the property owners’ responsibility to make sure their sidewalk is clear of snow, ice and any other hazards.

In the City of Elmira, for example, homeowners are required by both city and state codes to clear their sidewalks.

Section 302.3 of the Property Maintenance Code of the State of NY requires a homeowner to do the following: All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

In the City of Elmira, homeowners are responsible for clearing snow and ice from the sidewalk in front of their property. If you fail to clear the sidewalk within 12 hours after it starts snowing, you can be fined $100 by Code Enforcement. It is also the homeowner’s responsibility to shovel out fire hydrants on or near their property. If a fire were to break out, the Elmira Fire Department would lose valuable time attempting to locate and dig out a buried fire hydrant.

The Elmira Department of Public Works clears the sidewalk from all city-owned properties and parks with tractors.

Aside from legal obligations, keeping your property safe is the right thing to do for your neighbors! Nobody wants to have a person fall on their property because they did not bother to shovel or salt icy spots.

The bottom line is if you fail to clean your walk and someone falls on your property, you are more than likely to face some sort of legal ramifications.

I talk to people all the time who fall on snow and ice and the first thing we investigate is whether that property owner properly cleared their sidewalk of snow and ice. If you didn’t, you could face civil liability and the insurance company handling your homeowners’ insurance will have to deal with it.

Lately, I have noticed many business owners don’t clear the snow and ice from their property. That is inexcusable. You are inviting people to come to your business and at a minimum you should make it safe so people can get there without hurting themselves.

It’s winter and it’s New York State. It’s simple. Do the right thing. Make plans to keep your property safe, because if you don’t and someone is injured or killed on your property, you could face some major legal troubles.

This blog post was adapted from a “Law Talk” segment with me during the WETM News at Noon on Jan. 14, 2015. Ziff Law Firm lawyers discuss legal issues in the news at 12:20 p.m. every Wednesday on Law Talk. Set your DVR to catch the five-minute segments each week!

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)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


Outspoken Doctor’s Great TED Talk Pulls Back Curtain On Secrecy Of Medical Community, Says NY and PA Medical Malpractice Attorney

Dr. Leana Wen.

Dr. Leana Wen.

I recently learned about a great TED Talk about the secrecy in the medical community from a local doctor.

Dr. Leana Wen of Washington, D.C., talked for 15 minutes about all the things your doctor won’t tell you. An emergency physician, Dr. Wen was born in Shanghai but came to America as a child. She was a Rhodes Scholar at Oxford and is now the director of Patient-Centered Care Research in the Department of Emergency Medicine at George Washington University

You can learn more about the TED Talk here.

Dr. Wen is leading a campaign called Who’s My Doctor, a long-overdue drive for transparency in medicine. Among other things, Dr. Wen feels that Dr’s have an obligation to let their patient’s know if they are receiving compensation of any sort from drug or medical device manufacturers.  Her point is a good one:  a patient has a right to know if their Dr. has any financial interest in recommending a particular drug or device as that financial interest may consciously or sub-consciously influence their recommendation.

I would encourage everyone to watch the TED Talk — it is only about 15 minutes — and learn more about Dr. Wen by clicking on the links above.

Her TED Talk is insightful for anyone navigating the difficult world of medical care. And even if you or someone you love is not in that position now, sooner or later, we will all need some form of medical care.

So be prepared.

I particularly liked the message: “Openness improves care, reduces mistakes and results in less medical malpractice.”

I find it disconcerting that lawyers are ethically required to notify clients when they have a conflict of interest that might impair their judgment but doctors do not have a similar ethical requirement to do so.

I am mystified how doctors can receive hundreds of thousands of dollars a year serving as “consultants” to drug companies yet they are not required to disclose that very relevant information to their patients when making decisions about what particular drugs they will to treat that patient.

Here are some excerpts:

  • “We can bridge the disconnect between what doctors do and what patients need. We can get there because we have been there before and we know that transparency gets us to that trust.”

  • “It’s not just patients who are scared. Doctors are scared, too. We are afraid of patients finding out who we are and what medicine is all about. So what do doctors do? We put on our white coats and we hide behind them. And of course the more we hide, the more people want to know what we are hiding.”

  • “The sickness of fear has taken over and the patients suffer the consequences.”

  • “Being totally transparent is scary. You feel naked, exposed. and vulnerable. But that vulnerability, that humility, it can be an extraordinary benefit to the practice of medicine. When doctors are willing to step off their pedestals, take off our white coats and show our patients who we are and what medicine is all about, that’s when we begin to overcome the sickness of fear.”

I would conclude with a challenge to our local doctors to join those thoughtful doctors who have already signed up on Who’s My Doctor. It seems to me that if you have nothing to hide, why wouldn’t you agree to provide the basic information necessary for patients to make an informed decision about the doctor with whom they wish to treat?

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)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 


Ziff Law Firm Selected Again For Directory Of Best Law Firms In U.S.!

Jim Reed, managing partner of the Ziff Law Firm,

Jim Reed, managing partner of the Ziff Law Firm,

For the second year in a row, the Ziff Law Firm is the only Twin Tiers law firm named to a nationally recognized directory of top law firms in the United States.

Ziff Law was named a Tier 1 National Best Law Firm for 2015 in the practice areas of medical malpractice and injury law by U.S. News – Best Lawyers.

This national recognition, that we are still among the best in the country, is important because a firm’s reputation is critical to how seriously opposing lawyers and insurance companies take our cases. Our strong reputation greatly assists our success in achieving the very best outcomes for our clients.

Our clients always say our amazing staff is a big key to our success. They are tireless professionals who take great pride in making sure our clients are treated with dignity and respect, and are fairly compensated. We would not be among the top law firms in the nation if not for all of the Ziff Law employees.

Law firms were evaluated using client and peer reviews and additional information provided by the firms, according to U.S. News – Best Lawyers, which ranked more than 10,000 law firms in 118 practice areas.

The rankings were announced recently by U.S. News & World Report, the parent company of U.S. News, and Best Lawyers, a national directory of top-rated attorneys that included Reed in 2012, 2013, 2014 and 2015.

To learn more about the Best Law Firms rankings, go here.

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)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 


Government Recalls Millions Of Vehicles With Dangerous Takata Airbags, Says NY and PA Accident Lawyer

Takata 1

Federal safety regulators this week called for all automakers to recall any vehicle equipped with driver’s-side airbags made by the Japanese supplier Takata.

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) contacted Takata and the vehicle manufacturers this week to call for the recall of millions of vehicles after evaluating a recent incident that involved a failure in a driver’s side air bag inflator.

Takata 2Based on this new information, unless Takata and the manufacturers quickly agree to this recall, NHTSA will use the full extent of its statutory powers to ensure vehicles that use the same or similar air bag inflator are recalled.

“We now know that millions of vehicles must be recalled to address defective Takata air bags and our aggressive investigation is far from over,” said NHTSA Deputy Administrator David Friedman. “We’re pushing Takata and all affected manufacturers to issue the recall and to ensure the recalls capture the full scope of the problems.”

According to news reports, the agency said it had yet to make a detailed list of the models or model years affected. But the recall will affect millions of vehicles made by Ford, Honda, Chrysler, Mazda and BMW, mostly from model years 2008 or earlier, Friedman told the news media in a conference call.

More than 14 million vehicles made by 11 automakers have been recalled worldwide since 2008 over concerns about Tanaka airbags, news reports said. At least five people have died in accidents linked to the airbags.

There is a propellant in the airbags that can lead them to explode when they activate in an accident, spraying metal debris into the car and possibly injuring the driver or passengers.

The agency did not expand a limited recall that was already in place for some Takata passenger-side airbags in some vehicles in humid regions of the country. The agency said they had a different design than the driver’s-side airbags and tests did not suggest a need to include them in the recall.

Residents of the Twin Tiers, if you believe you have been injured by a Takata airbag, contact me today for a free consultation.

Thanks for

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: [email protected]

 

 

 

 

 


Ziff Law Firm To Hold Veteran Tribute Ceremony Friday Night At First Arena In Elmira

VeteranSalute-496x312

The Ziff Law Firm will lead a Veterans Day salute for Twin Tiers military veterans on Friday during the Evansville Icemen-Elmira Jackals ECHL hockey game at First Arena.

Veterans are invited to participate and can receive free tickets for the 7 p.m. game by visiting the Ziff Law Firm at 303 William St. in Elmira during business hours this week.

Retired Air Force Brig. Gen. Francis Hendricks

Retired Air Force Brig. Gen. Francis Hendricks

The Veterans Tribute Ceremony will be held before the game and during the game’s two period breaks. Veterans and their families are encouraged to arrive by 6:30 p.m. to prepare for the ceremony.

Speakers will include state Sen. Tom O’Mara and Mansfield University President Francis Hendricks, a retired Air Force brigadier general.

The Smithfield-Ridgebury-Ulster Choral Group, under the direction of Vina Miller, will sing “God Bless America.”

State Sen. Tom O'Mara

State Sen. Tom O’Mara

The Mansfield University Brass Band, under the direction of Nathan Rinnert, will perform “Military March.”

The Mansfield University Pep Band will perform the National Anthem.

A patriotic dance will be performed by the Mansfield University MU Dance Team, under the direction of Amy DeLozier.

The Chemung County Volunteer Honor Guard will also appear.

TomReedNewOfficial

Congressman Tom Reed of Corning

Congressman Tom Reed of Corning will make a special statement for veterans in a video presentation.

The Ziff Law Firm is also in its sixth season of honoring veterans during all Jackals home games, and is seeking nominations for this season.

Male and female veterans and active-duty personnel who are home on leave can be nominated for the Veteran of the Game program by going to www.zifflaw.com/veterans, or by contacting Annette Viselli Thorne at [email protected] or 607-733-8866, ext. 218.

One veteran is honored at each regular-season home game. Those selected receive four free tickets to a game. During the game, the public-address announcer introduces the veteran and reads a short biography of their military service, and then Jackals fans salute the veteran with a big cheer.

More than 175 veterans have been honored by the Ziff Law Firm and Jackals fans in the last five seasons.

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)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 


For Twin Tiers Parents, Plenty To Be Scared Of On Halloween, Says NY and PA Injury Lawyer

halloween_safety

Children love Halloween. There are costumes, candy, parties, black cats, scary stories and more candy.

It’s often fun for parents, too, because some get to dress up and take their kids trick-or-treating, or stay home and hand out treats to the little monsters.

But there are plenty of safety concerns for parents, too.

01249606.interactive.aWill my children be safe crossing streets while gathering their treats?

Can they walk and climb stairs safely in their costumes?

Is the candy they are receiving safe?

But one question many parents never think to ask is: Are the people answering the next door sex offenders?

New York parents can check their Halloween route for sex offenders in homes here. In Pennsylvania, go here.

Informed parents make for safe children on Halloween.

The American Academy of Pediatrics has some great tips on its website, including these pointers about other dangers along the trick-or-treat trail:

  • A parent or responsible adult should always accompany young children on their neighborhood rounds.
  • If your older children are going alone, plan and review the route that is acceptable to you. Agree on a specific time when they should return home.
  • Only go to homes with a porch light on and never enter a home or car for a treat.
  • Because pedestrian injuries are the most common injuries to children on Halloween, remind Trick-or-Treaters.
  • Stay in a group and communicate where they will be going.
  • toddler-girls-minion-costumeRemember reflective tape for costumes and trick-or-treat bags.
  • Carry a cellphone for quick communication.
  • Remain on well-lit streets and always use the sidewalk.
  • If no sidewalk is available, walk at the far edge of the roadway facing traffic.
  • Never cut across yards or use alleys.
  • Only cross the street as a group in established crosswalks (as recognized by local custom). Never cross between parked cars or out driveways.
  • Don’t assume the right of way. Motorists may have trouble seeing Trick-or-Treaters. Just because one car stops, doesn’t mean others will!
  • Law enforcement authorities should be notified immediately of any suspicious or unlawful activity.

You can find more tips here:

Safekids.org

Centers for Disease Control and Prevention

National Safety Council

Have a safe and happy Halloween!

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: [email protected]


Jim Reed Named Best Injury Lawyer In The Region By His Peers In The Twin Tiers

Jim Reed, managing partner of the Ziff Law Firm,

Jim Reed, managing partner of the Ziff Law Firm,

Jim Reed, the managing partner of the Ziff Law Firm, has been named the 2015 Plaintiffs’ Lawyer of the Year among personal injury lawyers in the Southern New York Region which includes Elmira, Binghamton, Corning and Ithaca.

Lawyer of the Year logoJim earned the prestigious honor by fighting hard to achieve outstanding results for his clients over the last 28 years. It is no surprise to other lawyers who know Jim’s good work that he is the only local lawyer to receive this tremendous award. Everyone at the Ziff Law Firm congratulate Jim on this well-deserved recognition of his hard work.

Christina Sonsire said Jim always puts his clients first.

“He has set an incredible example to follow when it comes to working hard for clients,” Christina said. “He brings compassion to the people he works for, and is a powerful advocate for what they deserve.”

Among his many achievements:

  • Jim has zealously represented thousands of clients in New York State and Pennsylvania for almost 30 years.
  • He has achieved many multimillion dollar results on behalf of his clients, including one settlement that will pay a client almost $20 million.
  • He has been named to the Best Lawyers In America directory, the only lawyer in the area selected for that honor.
  • He has been named a New York Super Lawyer for the seventh year in a row. Super Lawyers, a rating service of lawyers from more than 70 practice areas, selects the top lawyers based on nominations by their peers and an evaluation of 12 indicators of professional recognition and achievements.
  • He was appointed by Chief Judge Judith Kaye, the former top judge in the state’s New York Court of Appeals, to serve six years on the state’s Judicial Qualification Commission.
  • He is the co-author of “New York Personal Injury Law,” which is published by the New York Bar Association.
  • He is a tireless advocate for bicyclists, representing hundreds of bicyclists and their families in accident cases. He is also on the board of the New York Bicycling Coalition, a group advocating for bicycle safety.

Two Elmira-area lawyers who have known Jim for years explain why Jim was the best injury lawyer to receive the honor, which is based on the recommendations of lawyers in Chemung, Steuben, Tompkins, Broome and Tioga, N.Y., counties:

“I have referred many clients to Jim because I know they will be in excellent hands,’ said David Pawlak, a lawyer from Big Flats, NY. “I follow the cases and respect the way he organizes and negotiates each one. His remarkable record as a plaintiffs’ lawyer speaks for itself. Jim develops a rapport with his clients and legal adversaries. He is a fierce advocate, always keeping the interests of his clients paramount.”

“I have recommended several clients to Jim, and they were impressed with his dedication and tenacity,” said Fred Cerio, an Elmira lawyer. “Personal injury is a specialized area of the law that requires lawyers to be precise with timelines and up to date on changes in the law. Jim’s recognition as the top personal injury lawyer in the region and his reputation as a fighter for his clients are the best evidence of his professionalism.”

Jim will be included in the Best Lawyers directory, a nationally recognized resource used to locate the best-qualified attorneys by region.

Congratulations from your Ziff Law family!

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: [email protected]