Study Finds Ways to Make Chemung County Route 64 Safer Place to Drive

Posted on March 15, 2009 by Jim Reed

CB055066 As a NY personal injury attorney, I am constantly helping families sort through the aftermath of auto accidents and vehicle collisions. It’s even more difficult to accept the consequences of a crash in New York when a big factor in the accident could be the everyday driving conditions at the accident site.

That’s why I was glad to see that a recent safety assessment has inspired plans for safety improvements on a busy local road. In WETM‘s online Local News section, reporter Jeff Stone recently relayed a story about making County Route 64 in Big Flats a safer stretch of road.

County Route 64 swiftly became one of the busiest corridors in our region. A variety of national retail chains has plunked outlets in what was open land just a few years ago. First, stores left downtown Elmira for the mall, and now they are leaving the mall (which has its own I-86 exit) for the Consumer Square area on Route 64.

The situation has made for a lot of congestion, new signals, driver frustration and ACCIDENTS along what used to be a fairly quiet stretch of road. The road is now so busy that about 100 car accidents happened in and around County Route 64 from 2005-2007, only a three-year period.

Just think, County Route 64 was once the road that the locals took to avoid taking the busy highway. My how times have changed….

Now, traffic changes are planned for County Rt. 64. The Elmira-Chemung Transportation Council and others conducted a safety assessment study last year on a section of the route, from Simmons Rockwell to Chambers Road.

Some of the recommendations to make Route 64 safer, without spending much money:

Restripe the roads to provide more driving space.
Adjust the timers on stop lights.
Move signs or put up new ones.

Officials said that money for the improvements was already available in the county budget. Let’s hope that in the next three years, Chemung County Route 64 sees a lot fewer than 100 traffic accidents.

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

Bad Car Accident on Rt. 14 in Schuyler County Near Montour Falls (zifflaw.com)

Get the Facts: Be a Good Reporter After a Car Accident

Posted on March 13, 2009 by Jim Reed

An auto accident can happen at any time, to anyone. As a personal injury attorney handling car accident cases in New York and Pennsylvania, believe me I know the devastation that can quickly happen on the road. If you are involved in a car crash that causes personal injuries or serious property damage, there are many complicated issues concerning fault and recovery. It is best to consult an experienced personal injury attorney quickly.

My experience has given me a perspective and knowledge that I like to share here in the NY Injury Law Blog and in the Ziff Law Firm‘s Accidents and Car Crash FAQs. Here, I’d like to explain some of the information it’s important to get after an accident occurs.

First, let me note that it is EXTREMELY IMPORTANT to do three things after a serious accident.

You MUST:

Stay on the scene.
Aid the injured.
Call the police.

Now, if you are not seriously hurt yourself, here’s how to be a good reporter after an accident and strengthen your case.

Write down the details of your accident. Note the time of day, weather and road conditions.

Make a diagram of the accident. Note the location of the vehicles, crosswalks, stop signs and traffic signals. Mark the location of any skid marks and note their length.

You must exchange information with the other driver and be sure to get the following:

The other driver’s name, address, phone number, driver’s license number, insurance company name and the policy number. Ask the other driver if he or she is the owner of the vehicle. If not, you must get the name, address, phone number, insurance company and policy number of the vehicle’s owner.

It’s pretty common knowledge that you should exchange information with the other driver. But did you consider passengers and witnesses? You should get the names, phone numbers and addresses of all passengers and any witnesses to the car accident.

Take pictures of the damage to your vehicle before you have it repaired, as well as any visible injuries you or your passengers suffered.

If you are a good reporter after a car accident in NY or PA, the information will help your attorney protect your rights. Because witnesses forget details, the better a record you keep – and the sooner you get the help of a personal injury lawyer – the better.

Remember, you can call us at 800-ZIFFLAW or e-mail me personally at jreed@zifflaw.com if you or someone you care about has been involved in an auto accident.

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

Elmira Accident Lawyer Explains Fault and Recovery in NY and PA Accident Cases (zifflaw.com)
Beware the “Good Cop” Insurance Adjuster, Elmira Attorney Warns (zifflaw.com)

“Steven’s Law” Could Make Silence a Crime for Passengers in Personal Injury Accidents

Posted on March 12, 2009 by Jim Reed

courtroom gavel Our laws go hand-in-hand with common standards of human decency. Sometimes, however, there isn’t a law to punish behavior that is dishonorable. That’s when responsible lawmakers step up and make changes to the law.

New York State Assemblyman Tom O’Mara has sponsored “Steven’s Law,” an amendment to NY’s Vehicle and Traffic law, inspired by a tragic local accident case that I handled.

“Steven’s Law” would make it a misdemeanor for a passenger of a vehicle involved in a NY personal injury accident to fail to report the incident as soon as possible.

The tragedy behind ‘Steven’s Law’

The statute was prompted by the case of 17-year-old Steven Bacon of Ridgebury Township in Bradford County, who was killed in a hit-and-run accident the night of March 22, 2007. Steven was riding his bicycle on Route 427 in Ashland when he was struck by a car driven by Kyle S. Bradley of Waverly. Bradley later testified he had swerved to avoid the passing vehicle of friend Andrew Zeller.

Bradley did not turn himself in until the next day. His passenger, Chris Knolles, did not report the accident either – and as reprehensible as that is, he had no legal obligation to do so.

Although Steven’s injuries were so severe that it is unknown if prompt medical aid would have made a difference, it was incredibly painful for his friends and family to know that his body was not discovered for more than 12 hours.

I have a connection to the case. I represented Steven Bacon’s estate and the Ziff Law Firm managed to settle for the insurance policy limits for the drivers who were responsible for his death.

Bradley was found not guilty on charges of second-degree manslaughter and criminally negligent homicide. The Elmira Star-Gazette reported that when Chemung County Judge Peter Buckley delivered the verdict, he said that although the issues to raise the accident to the level of criminal behavior were not present, “The crime (Bradley) committed was leaving the scene. It was a serious, terrible crime.”

Knolles knew as certainly as Bradley did that an accident had occurred. If “Steven’s Law” is enacted, it will be a punishable crime for passengers to fail to report an accident.

I commend Assemblyman O’Mara’s efforts to pass this legislation. When lives could be at stake, there’s no excuse for keeping silent.

Thanks for reading,

Flee an Accident? Hit and Run Drivers Face Serious Penalties (zifflaw.com)

Six Mistakes That Could Ruin Your Accident Case

Posted on March 6, 2009 by Jim Reed

j0386182 Even a minor auto accident can be overwhelming. You have to think clearly and act correctly in the aftermath, even though you are shaken up and/or injured to a degree you might not realize until much later.

Of course, there are some actions that you MUST take: You have to stay on the scene and cooperate with police, for example. What you may not be aware of is that it’s also important – even if you strive to handle the situation properly – to know that some simple mistakes can undermine any future personal injury case you may wish to bring.

Six things NOT to do if you are in an accident

Do NOT say that the accident was your fault, either to the police at the scene or to the other motorists involved. If there is litigation in the future, things you may say could be used against you. Remember, share the FACTS about your accident, don’t offer an OPINION that it was your fault.
Do NOT sign any documents or agree to pay any damages. Your insurance company will determine what expenses are appropriate to pay and be responsible for paying them. That is why you buy insurance.
Do NOT determine the extent of your own injuries at the scene. Hey, in many situations, you do get points for being stoic, for picking yourself up and saying, “I’m OK.” This is not the case after a car accident. Some injuries take time to develop, or you may be confused by the collision and not even sure of your own condition. If you are asked if you were injured, always say, “I am not sure about my injuries – I plan to see a doctor.” If you have any pain at all, and the police officer offers an ambulance, you should consider letting him or her call one for you.
Do NOT give a statement to the other driver’s insurance company. Offer only the very basics. The insurance company will be in contact with you soon after the accident regarding the property damage to your vehicle. That does not give them the right to ask you detailed questions about your injuries. It is best not to speak with them at all regarding your injuries until you seek the advice of a personal injury attorney.
Do NOT take money for your injuries or settle until you have finished treatment. Insurance companies may try to offer you money for your injuries right away. The full extent of your injuries may not be apparent for weeks or months. Once you settle for your injuries, you can’t get any more money, no matter what they tell you.
Do NOT hire a “family attorney” for an injury case. Many people have an attorney who assists with wills and real estate or domestic matters; however he or she may not be the best attorney to handle a personal injury case.

These tips are taken from the Ziff Law Firm’s “Accident and Car Crash FAQs,” one of our ways to share important information about personal injury cases with you. Another source to check out is the New York Personal Injury Lawyer Blog by Mark A. Seisel. One section specifically covers car accidents in New York – causes and legal issues.

Thanks for reading,

New York Motorcycle Lawyer Recommends 10 Safety Tips for Bikers

Posted on March 5, 2009 by Adam Gee

As the calendar flips to March, Daylight Savings Time is within sight, and the thermometer creeps above 50 degrees, thoughts of getting that motorcycle back on the road will turn to action. Before you fire up that bike for the first time, please take a minute to consider your safety practices. These safety tips could mean the difference bewteen coming home in one piece and not coming home at all.

We all know that riding a bike carries a few more risks than sitting behind the wheel of a car, but by applying a few simple strategies, we can reduce that risk significantly. I’m not here to preach; you’re going to do what you want anyway, and so you should. I’d just like you to do it safely.

1. BE VISIBLE

Wear bright clothing and a bright colored helmet, something that will draw attention to you and make you stand out. This gives the guy who is talking on his cell phone about last night’s game a better chance of seeing you. If all drivers were as vigilant as the average biker you wouldn’t have to take these measures, but they’re not. Always ride with your headlight on.

2. WEAR A DOT APPROVED HELMET

Sure, those skull cap helmets look cool, but would you want to be wearing one if your brain depended on it? Wear a properly certified, good fitting helmet and your chances of surviving a crash without brain damage will go up. As mentioned above, consider a light or bright color.

3. SPEED

We have speed limits for a reason. Obey them, and your chances of coming home safely are increased. Need another reason? Not only will obeying speed limits get you home safely, but without speeding tickets you are also more likely to come home with your driver’s license and all your money in your pocket!

4. YOUR BIKE

Consider a tune up before the start of the cycling season to be sure that your motorcycle is in tip top shape. Check your oil, tires, chain and brakes. Immediately investigate any unusual noises.

5. CLOTHING

As mentioned above, bright clothing is preferable, but I wasn’t referring to yellow gym shorts. Wear clothing that protects you from harm. You can never go wrong with leather. A good pair of gloves, especially during the early riding season, will help keep your skin where it belongs.

6. ALCOHOL AND DRUGS

It goes without saying that alcohol and drugs don’t mix with safe cycling, but it happens every year. Those are usually the bikers getting scraped up off the road. If you want to drink, take a cab. If you want to ride, drink soda. For everyone’s sake, please don’t mix the two.

7. RIDING AN UNFAMILIAR BIKE

If you bought a new bike in the off season, or are trying out a friend’s bike, take a little time to familiarize yourself with the handling before you get too carried away. Every bike is different, so even bikes of similar weight, size and style can handle differently.

8. AVOID RIDING TIRED

You need to have your full wits about you every second you are on your bike. You may not be able to nap on your bike on the side of the road the way you can in a car, but if your eyelids are feeling heavy, consider stopping for a cup of coffee and a walk.T

9. RIDING WITH A PASSENGER

Riding with a passenger can turn your beautiful-handling machine into a monster, especially if you’re not used to it. A passenger affects the balance, performance and handling of any bike. Take it easy until you get used to the way your bike handles with a passenger on the back. Also remember that every passenger is different; some will move and lean with you, while others will sit rigidly. Which kind of passenger they are will also affect the handling of your bike.

10. ANTICIPATION

Your most important defense against a collision is your anticipation. Try to anticipate trouble before it happens. Ride as if you’re invisible and expect cars to pull out in front of you, so that when they do you are mentally prepared and have adopted a good road position and speed to handle it.

Thanks for reading, and ride safe!

_______________________________
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

Do NOT “Release” Other Driver’s Insurance Company From Obligation to Pay

Posted on March 5, 2009 by Jim Reed

42-15535403 If you have been involved in a New York auto accident, you should NEVER, EVER take your legal advice from the insurance adjuster for the other driver.

The Ziff Law Firm’s “Accident and Car Crash FAQs” answers many important questions about handling insurance companies in the aftermath of a car accident.

In all of your dealings with the other driver’s insurance company, never forget that it is their JOB to pay you NOTHING or as LITTLE as possible.

Three reasons to beware the “friendly” insurance adjuster

It’s not unusual for an insurance adjuster to offer a tiny settlement, seemingly out of the goodness of the company’s heart. He may say something such as, “Sorry, but you don’t have a serious injury as required under New York state law. However, since we feel bad about what happened to you, so we are willing to pay you $500.″ This is wrong, improper and even illegal for this adjuster to do this.

He’s not YOUR lawyer (he’s not even a lawyer AT ALL) so it’s completely improper for him to be giving legal advice to you.
At the time this offer may be made, it is often way too early to tell whether you will have a serious injury or not. Many people don’t know the full extent of their injuries until months after a car crash.
Do you TRULY believe the insurance company wants to pay you $500 because they feel bad? No way. They are paying you $500 because they want your signature on a Release.

How a Release gets the insurance company off the hook

A Release is a legally binding document that says you are giving up ALL rights (both past and future) in exchange for the money. Once you sign it , your case is gone FOREVER – even if it soon turns out that you need surgery….. even if you begin to have serious health problems that disable you from work…. even if you suffer a complication from the injuries you suffered in the accident.

Bottom-line advice

You need YOUR OWN ATTORNEY to give you proper advice about whether you should settle your case or not.

If you are in doubt, e-mail me or call 800-ZIFFLAW. After discussing your case, I can tell you if what you are being offered is fair. Don’t worry, asking for advice does not obligate you to hire us. We won’t give you a hard sell, but we will help you figure out whether the insurance company is trying to take advantage of you or not.

Thanks for reading,

Get Ziff Attorney’s Valuable Financial Advice at FREE Seminar

Posted on March 4, 2009 by Jim Reed

j0387473 It’s the top topic on every news channel – the current economic crisis. Every day you hear about more lay-offs, more businesses closings, more penny-saving advice and more worry over the stimulus package. I think everyone just wants to put their head down and get though this mess – hopefully holding on to their job, home and retirement savings in the process.

Don’t think I’m forgetting the topic area of this blog, but I just wanted to let you readers know about an important, informative – and free – event the Ziff Law Firm has coming up.

Attorney Matthew Hughson, who practices in the areas of Bankruptcy and Real Estate at the Ziff Law Firm, will be presenting two seminars, at 3 and 6 p.m. March 18th at the Steele Memorial Library in downtown Elmira, NY.

If you are facing financial difficulties, bankruptcy or foreclosure, it’s smart to learn from Matt’s experience in the field. He can explain the risks of seeking help from bankruptcy “professionals” who prey on people’s fears and uncertainty. You run the risk of jeopardizing your long-term financial security if you rely on someone who is not qualified to deal with the legal issues surrounding bankruptcy and foreclosure. Matt will explain the legal strategies that are available to cope with with these financial hardships.

To make a reservation for the seminar on March 18, please visit the Events page on our website, or call toll-free at 1-800-943-3529.

I think it’s great that lawyers like Matt are helping people navigate these very rough economic waters.

Thanks for reading,

Settlement Advice: How Long Will it Take to Get Money in My Case?

Posted on March 3, 2009 by Jim Reed

j0177739 It’s a question that is on the mind of every accident, personal injury and workers’ compensation claimant.

To ask, “When will I receive money in my case?” doesn’t make you appear to be grubbing for personal gain. It’s a natural question when you are facing medical bills and time off from work.

This is what I tell my clients: Every case is different. Some cases can be settled very promptly, while others may take years to resolve.

Factors that influence how long a case may take:

The nature and severity of your injury. The more serious your injury is, the longer it will take your condition to stabilize and the longer we will have to wait to start actively negotiating your case.
The amount of time you are unable to work. Like your injury, the longer you are out of work, the longer it is before we can get serious with the other insurance company about trying to settle your case.
If your injury was the result of a car accident, a lot depends on the insurance carrier for the other driver. Some carriers settle quickly while others never settle until you are literally on the courthouse steps.

More details and answers to other questions can be found in our “Accidents and Car Crash FAQs.” It is a one-stop resource for advice gleaned from the Ziff Law Firm’s decades of experience practicing in the personal injury, auto accident and workers’ compensation areas.

Another great source of information is my book, “Learn the Five Deadly Mistakes that Can Kill Your Accident Case.” It’s available free to New York or Pennsylvania auto accident victims.

The important thing to remember is that you do not want to hurry or rush your case. You get ONLY ONE BITE AT THE APPLE SO YOU BETTER MAKE IT A DARN GOOD BITE!

Thanks for reading,

Worker’s Comp Expert Jack Schamel Retires From Ziff Law Firm

Posted on March 2, 2009 by Jim Reed

Jack Schamel, Eric Johnson, and Terri Ziegler, their assistant, at Jack's retirement party.

Curiosity and a need to be challenged – those are the qualities Jack Schamel says have led him around some interesting corners in life.

He has been a Marine, a teacher, a town justice, and a labor negotiator – to name just a few of his careers. Since 2002, Jack has been the Workers’ Compensation go-to guy at the Ziff Law Firm. In 2007, attorney Eric Johnson began working with Jack in the firm’s Workers’ Compensation and Social Security Disability group. They were a team, ensuring that injured workers in New York and Pennsylvania received fair treatment.

Now Jack is ready for new challenges. He retired Feb. 1st from the firm, handing over the helm of the Workers’ Comp and SSD group to Eric.

The opportunity and the ability

The staff at the Ziff Law Firm, the people he fought for, and the actual battles in Workers’ Compensation court – those are the three things Jack Schamel says he’ll miss most about his work with the firm.

“I also have a strong belief that we should help people when we have the opportunity or the ability,” he says.

Jack has spent much of his life making a difference in the Twin Tiers. He came out of the Marine Corps in 1958 and went to Mansfield University (two years ago he was inducted into the Hall of Fame there.) He worked his way through college, then started teaching and coaching at Southside High School in Elmira in 1962.

He was vice president of the teachers’ union, served on the Waverly School Board, had a scuba-diving on the side and in 1971 was national sales manager for a company from California.

“In late ‘71 what became NEA-NY hired their first UniServe directors. I was the first in New York State,” Jack says. “I worked in Elmira until I retired in 2001.” (Note – that was his first retirement!)

Jack did a lot of labor consulting on the side when he worked with the union. Jim Reed, Managing Partner of the Ziff Law Firm, suggested that Jack train to try Workers’ Compensation cases.

“He said check it out and I found out that if you pass a test and orientation you can get licensed to do comp either for carriers or injured workers,” Jack says. “I took the test for injured workers and passed.
“The test is a b—–!”

In this retirement, Jack says he’ll still do some investigation work for the firm. He’s held a private investigator’s license for about 20 years.

More causes that will keep him busy include “Union stuff on the side, working for the Democrats and whatever looks interesting,” Jack says. “Since about 1991 I have been doing arbitrations around the country for the National Staff Organization. It’s pro-bono work, but I really enjoy it,” he says. “Right now I have cases in six states.”

Jack adds, “I also have 13 grandchildren, so that will also take some time, too.”

Learning from a tenacious, patient advocate

Jack leaves the Ziff Law Firm’s Workers’ Compensation and Social Security Disability group in the very capable hands of Eric Johnson.

“Virtually everything of value I know, I learned from Jack,” Eric says. “There are a couple of things that stick out: tenacity and patience. Jack was a tenacious advocate who would go to any length for the client and he was an incredibly patient man who wouldn’t jump to any conclusions, but allow the facts to develop.”

Like Jack, Eric has taken a few detours in his career path.

His undergraduate degree (1998, East Carolina University) was in nursing, and he worked as a registered nurse in a number of practice areas, including North Carolina, Pennsylvania, California, and Hawaii.

Yes, Hawaii. Eric’s an avid surfer who took travel nursing assignments where the waves were.

Eric earned a law degree from Penn State’s Dickinson School of Law in 2002 and was licensed in North Carolina the same year. When he decided to practice law, he worked in the areas of bankruptcy and housing law with a public interest law firm in North Carolina.

Eric maintained a friendship with law school classmate Matt Hughson, bankruptcy and real estate attorney with the Ziff Law Firm, and that’s how this surfer/nurse/lawyer found his way to Elmira.

Three things he’s found to truly appreciate about his new home are the seasons, the availability of a wide range of outdoor activities, and the people.

“There are a lot of fun things to do in this area of upstate New York – and friendly people to do them with,” Eric says. “You can ski, hike, swim, take a beautiful drive or any number of things.”

Eric was licensed to practice law in New York in September 2008. His years of nursing experience make him ideally suited to the practice areas of Workers’ Compensation and Social Security Disability.

“What’s rewarding about my practice areas is the ability to help folks who had a work injury get back on their feet and get back to work,” he says. “For those who can’t return to work, I can help them secure an income so they can eat and have a roof over their heads.”

If you have questions about Workers’ Compensation and Social Security Disability, visit Zifflaw.com or e-mail ejohnson@zifflaw.com.

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Bottom-line advice

Factors that influence how long a case may take:

The opportunity and the ability

Learning from a tenacious, patient advocate