Traffic Safety is a Go at Corning West High School Intersection

Posted on April 28, 2009 by Jim Reed

green traffic light WETM-TV recently reported that a much-needed traffic light will be added to a risky intersection in our area. (A copy of the story is pasted below.)

Local officials and the New York State Department of Transportation constantly evaluate ever-changing road conditions and make changes and improvements. But this traffic signal is especially significant because it’s right in front of a busy high school.

Corning West High School, located on East High Road in Painted Post, has about 1,ooo students. Imagine what happens every day, when most of those students arrive and leave at about the same time. As the school’s resource officer, Todd Kimmey, described it, it’s a bottleneck of packed traffic.

As a New York and Pennsylvania personal injury attorney, I make much of my living handling car accident cases. I help families and individuals cope with the consequences of auto accidents. In some instances, a simple improvement to road conditions can improve the safety of an area for everyone.

Well worth the cost

It’s common sense to pay more attention when traffic is busy, and when kids are around. But when you compound the risk with harried parents, teen drivers, and traffic congestion, I applaud the effort to make Corning West High School a safer destination with a new traffic signal.

Traffic lights are not cheap. I’ve seen estimates from $40,000 to $100,000 for complete installation and a period of maintenance. This is a much-needed improvement, a necessity, and the school district has included the cost in its current budget. The work should be wrapped up in July – in time for students, parents and teachers to have a safer trip to and from school come September.

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

New Traffic Light at Corning West High

Reported by: Ana Liss
Last Update: 4/23 9:26 pm

PAINTED POST, N.Y. – A dangerous intersection in Painted Post is getting a much-needed traffic light this summer.

Corning West High School Resource Officer Todd Kimmey, who is employed by Painted Post Village Police, says that in the morning and afternoon hours, the intersection in front of Corning West High School, located on East High Road in Painted Post, gets bottlenecked with student and employee traffic.

He says that the New York State Department of Transportation performed a study last year at the request of the school district, and found that a traffic light was badly needed.

“We have seen many accidents [at the intersection],” said Officer Kimmey. “It’s just terrible with the amount of people we have here in the morning. People are not paying attention. The traffic light should help a lot.”

Kimmey says construction crews are expected to begin work on the new traffic light when school lets out at the end of June.

Work should be complete sometime in July.

The Corning-Painted Post School District covered the cost in its current budget.

For Kids’ Sake, Stop for School Buses

Posted on April 27, 2009 by Jim Reed

There’s a crime that happens 50,00o a day in New York State. It occurs just because drivers aren’t paying attention, or they are in a hurry and think they can get away with it.

The crime is passing a stopped school bus.

This is important. As a New York and Pennsylvania personal injury attorney, I have personally handled three cases for little kids who were badly hurt because of drivers passing stopped school buses.

State law requires motorists to stop for a school bus that is stopped and has its red lights flashing. That means kids are getting on or off the bus. Cars on the road should not be moving and paused at a safe distance from the bus. Tickets for violating this law can cost motorists from $250 to $1,000 (if the safety of children wasn’t enough incentive to obey the law!).

About “Operation Safe Stop”

The Operation Safe Stop campaign was a recent effort by New York State law enforcement agencies and Governor Patterson’s Traffic Safety Committee to really crack down on drivers who violate this simple, straightforward rule.

The Associated Press recently reported on Operation Safe Stop and some of the methods officials used to catch more lawbreakers:

Extra patrols in school zones.
Law enforcement officers follow school buses on their routes.
License plate reading equipment in some school districts that will record violator’s license plate numbers.

Some drivers must believe that passing a school bus is a minor indiscretion. How else could this happen 50,00o times a year in our state?

Not stopping for a school bus is a crime, even if it doesn’t result in an accident every time someone gets away with it. Too often for my taste, there is a young victim.

Thanks for reading,

Bicycle Accident Lawyer and Bike Nut Offers 3 Tips for Safer Riding (zifflaw.com)

Catch Me on TV: Elmira Attorney Talks Bicycle Safety for Chemung Valley Health Watch

Posted on April 16, 2009 by Jim Reed

bicycle rider Chemung County Sheriff Chris Moss and I recently taped a public service TV program about bicycle safety for Chemung Valley Health Watch.

The video is airing three times a week during April on Time Warner Cable Channel 1:

7:30 p.m. Mondays
7:30 p.m. Fridays, and
8:30 a.m. Sundays

Chemung Valley Health Watch asked us to to be a part of the program to raise awareness about bicycle safety. As a self-proclaimed “bike nut,” I was happy to oblige! My contribution was to explain some of the civil and criminal legal ramifications if a car strikes a bicyclist.

It was an honor to be on the show with Sheriff Moss, and I want to encourage everybody to watch the video during one of the broadcasts this month.

We’ll also be posting the video to the Ziff Law Firm website so it will be available all through the summer cycling season. You may also be interested in the specific category of “Bicycle Accidents” here on the NY Injury Law Blog.

One last thing – I suggest checking out the Elmira-Chemung Transportation Council‘s “Traffic Safety Brochure.” The council has included a section, “Sharing the Road,” specifically about the bike/car traffic regulations.

Thanks for reading – and watching!
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

Bicycle Accident Lawyer and Bike Nut Offers 3 Tips for Safer Riding (zifflaw.com)
“Steven’s Law” Could Make Silence a Crime for Passengers in Personal Injury Accidents (zifflaw.com)

Accident Attorney Warns: Bad Economy Means Millions Lack Auto Insurance

Posted on April 14, 2009 by Jim Reed

Insurance Research Council study finds 16 percent of US drivers may not have insurance.

One in six drivers won't have insurance.

Every day it seems that there are crazy new consequences of the recession.

Boaters are sinking their own boats to avoid paying slip and maintenance fees.

People are letting their horses go free to avoid paying boarding and feed costs.

Libraries are becoming physical and emotional support centers.

Times are VERY tough. As a personal injury lawyer in New York and Pennyslvania, one of the scariest stories I’ve heard is that the recession is causing drivers to let their auto insurance lapse.

But it’s the law, not a luxury!

MSN.com just reported that a new study found 1 in 6 motorists won’t have auto insurance coverage by the end of the year.

The news story “Economy leaves millions of drivers uninsured” told how the Insurance Research Council predicts a sharp increase in the number of uninsured motorists on the road, a direct consequence of the economic downturn.

More than 16% percent of drivers will be uninsured. That’s about 33 million drivers in the U.S.

I don’t know about you, but I DON’T like those odds.

I wrote a book about auto insurance in New York. I put the most important things I learned during more than 20 years as a New York personal injury attorney into it.

“Learn the Five Secrets to Buying Auto Insurance in NY” explains how you can protect yourself from uninsured drivers by purchasing a special type of insurance. It’s even more vital for you to know about this coverage now – when the chance is high that you could be in an accident with an uninsured driver.

The SUM secret

I’ve long considered Supplementary Under-/Uninsured Motorists the MOST IMPORTANT COVERAGE you can buy.

SUM coverage is not popular with insurance companies because the premiums are low and the potential payouts are high. ASK YOUR INSURANCE COMPANY REP ABOUT SUM COVERAGE.

SUM will cover you and your passengers in the event that the other driver is driving illegally without insurance, or driving without adequate insurance to cover your damages.

The recession is one more reason why EVERYONE must be sure they have adequate SUM coverage. You CANNOT count on the other guy have sufficient coverage to protect you and your family.

I know I’ve beat this drum before, but the tune has changed. I can’t stress the SUM subject too many times – especially in light of this new research.

Be safe,

Too Many Drivers Light on Insurance Coverage, Elmira Accident Attorney Warns (zifflaw.com)

This Doctor Wouldn’t Help Hospital Hide Cause of Woman’s Death

Posted on April 13, 2009 by Jim Reed

trust defined dictionary Trust. Have you ever thought about how much we rely on trust every day, in the simplest of contexts? You trust that other drivers are going to stop at red lights. You trust that your money will be exchanged for the coffee or newspaper you want to buy.

These trust/transactions are not only backed up by the social contract, but by our laws. They are enforced by penalties.

But what happens when one of our most powerful trust relationships is violated, and then the truth is deliberately hidden in an effort to avoid the consequences?

I recently read a truly shocking post on Dr. Amy Tuteur’s “The Skeptical OB” blog. A gynecologist and obstetrician, Dr. Amy wrote, “They Killed My Patient. Then They Tried to Hide It” about a case from her past (without disclosing specific details).

Women rarely die in childbirth anymore. In modern hospitals, with proper care, young women routinely survive complications which would have been fatal just a few decades ago.

Dr. Amy was tangentially involved in the case. It was her belief that a young woman died during childbirth because of “unfortunate anesthetic complications, compounded by inadequate medical response.” Dr. Amy testified at a deposition – she was angry about the situation and went to far as to say that she felt the “anesthesiologists had killed the patient.”

Several years later…

A medical malpractice claim was filed against the anesthesiologists. A lawyer for the patient’s case contacted Dr. Amy to go over her deposition.

When Dr. Amy retold her memories of the case, the lawyer was shocked. It was not the story he had been given by the hospital. He showed Dr. Amy the copy of her original deposition he had received from the hospital – it was completely different, altered by the hospital administration to protect the hospital’s and the careers of the sued anesthesiologists.

Luckily, Dr. Amy had kept a photocopy of her original, signed deposition. There was no trial. The patient’s family received an 8-figure settlement.

What if the guilty don’t tell the truth?

Doctors take an oath to protect the health of patients. If something goes wrong, if they do not live up to our trust, you turn to the law and trust that the truth with be discovered.

It’s what I’m proud to say I do, as a medical malpractice and personal injury attorney.

If there is a systematic cover up, from the highest levels of hospital administration – as in Dr. Amy’s story – you need someone to fight for patients’ rights.

Stories like Dr. Amy’s are the reason confidence in our doctors has decreased. I work to help people keep the trust that if there is negligence in their medical care, they have recourse in the law.

Thanks for reading,

New York Malpractice Lawyer Explains Simple Way to Make Surgery Safer (zifflaw.com)
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Why We Do Not Write “Lawyer Letters”

Posted on April 2, 2009 by Jim Reed

CB022159

From time to time, I receive requests to write a “lawyer letter.” What is a “lawyer letter”- and why do I have to refuse to write one? Let me explain:

Many people contact us and say that they “know” that their legal issue could be resolved, “if I just had a lawyer write a letter to the other side.” They say that they don’t want to get involved with a, “whole lawsuit or anything, all I need is a lawyer letter.” They say that they know, “the other side will just roll over or give up if they get a threatening letter from a lawyer.” They say, “just write a simple letter for me” and all will be resolved.

My office CANNOT write “lawyer letters” UNLESS we have been retained to represent the client for the ENTIRE legal matter.

Here’s the problem. Actually, it’s two BIG problems.

We need all of the details

First, in order to write a proper “lawyer letter,” the lawyer must know ALL the relevant information. This means the lawyer MUST:

Meet with the client and learn the entire story.
Review whatever documents are relevant.
Research the applicable law.

Unfortunately, this all takes time. For a lawyer, our time and expertise are the only commodity we sell so we must get paid for the time we spend investigating your case. To write a letter without proper investigation is unprofessional and unethical.

Life isn’t a card game

What happens if the “lawyer letter” doesn’t work? What if the other side receives the “lawyer letter,” calls your bluff and just pitches it in the garbage? What do you do then?

Well, if you are a competent, professional lawyer who has been retained to handle the entire legal matter, you promptly file a legal action or lawsuit. In other words, if your bluff is called you have to be prepared to fight. In my office, we say: “If we are in for an inch, we are in for a mile.” That means once we have been retained to handle a case, we are going to see it through to the end whether it is an easy case or a difficult case.

Why is that our philosophy? Simple. There is nothing worse in our business than getting a reputation that you are nothing more than a giant bluffer. Once you have this reputation, it undermines every case you handle for every client you represent.

If you retain us, our reputation works for you

Because Ziff Law Firm attorneys practice in an area where we constantly work with the same lawyers and same insurance company adjusters, over and over again, our reputation means EVERYTHING! If we develop a reputation that we will fight to the brutal end for every client, every time, then our opposition will be very
reluctant to try to call our bluff. Instead, they will be more likely to work with us toward a fair resolution of our clients’ cases.

I know this is a long-winded explanation for why we do NOT write “lawyer letters” but I wanted readers to know where we are coming from.

To truly help you resolve a legal matter – be it a personal injury, medical malpractice, bankruptcy or foreclosure, workers’ compensation case – we have to be retained as your representation in the matter. Once you provide additional details regarding the nature of your dispute, we will be in a position to let you know how we think you should proceed.

It may turn out that the first step of our representation might be the “lawyer letter,” but it won’t be an empty bluff. If that letter doesn’t work as hoped, we will be able to help you pursue your other legal options.

Thanks for reading,

Sleepy Surgeon Put Patients at Risk

Posted on April 2, 2009 by Jim Reed

There’s a lot that can naturally go wrong during even the most routine surgery. But one risk that probably never crossed even the most worry-prone mind is what if your doctor fell asleep while operating!

Doctors deserve a great deal of respect for the responsibilities they shoulder, including long hours. As a medical malpractice and personal injury attorney in New York and Pennsylvania, I advocate for patients who didn’t receive proper medical care or whose doctors were negligent.

The vast majority of physicians, thankfully, are responsible and caring professionals.

surgery, surgical instruments A big, glaring exception may be a Massachusetts surgeon I recently read about on the P.I.S.S.D. (Personal Injury, Social Security Disability) blog by Dallas lawyer Bob Kraft.

Bob posted excerpts from a Boston Globe story about a Dr. Loren J. Borud, who fell asleep during an operation last year.

When Borud arrived for surgery on a Friday morning in June, an operating room nurse noticed he looked tired and “wobbly.” He said he’d been up most of the night working on a book, but wished to proceed with the day’s operations.

During the morning’s second surgery, he actually dozed off. The nurse took him aside and recommended that he take a break, but he refused and returned to the operation. This surgery, a liposuction and scar repair procedure, lasted seven hours, instead of the 90 minutes Borud told the patient it should take.

The patient, Michael J. Hicks, suffered complications and later sued the hospital, six doctors including Borud and two nurses. The case was settled for confidential terms.

Why this case is scarier than one dozy doctor

It’s not just that one doctor didn’t know his limits on one operation. The hospital also had a hand in allowing this doctor to put patients at risk, and a number of factors allowed this doctor to proceed:

He ignored warnings and suggestions from the operating room nurse.
The operating room nurse didn’t report to anyone with authority to stop the doctor from performing the surgery.
The hospital did not quickly disclose the facts to the patient – Hicks says hospital administrators did not tell him what happened until 10 days after the incident.
In addition, Hicks was discharged without being assessed by a doctor on the evening of the operation. Could it have been that the hospital was afraid of what would be found?

The hospital fired Borud and the state temporarily suspended his license, but I did a quick Google search, and plastic surgeon Dr. Loren J. Borud has a website in development. After all, his license was only temporarily suspended.

This story has two important lessons

One, you should research your doctor’s background. Two, if you can’t get satisfying answers from a hospital about any problems with your medical care, why you need an experienced medical malpractice attorney on your side. Hospitals aren’t eager to disclose the failings of their doctors.

Thanks for reading,

Anesthesia Error Results in Brain Damage & Death-NY Medical Malpractice Attorney Explains (medicalmalpracticetutorial.com)

Safety on the Road: Program Educates Teens About Driving

Posted on April 1, 2009 by Jim Reed

WETM-TV recently reported on a Pennsylvania program that educates teens about their most dangerous activity: DRIVING.

Vehicle crashes are the No. 1 killer of teenagers. “Survival 101″ is a program offered by the Pennsylvania Department of Transportation to educate young people about the risks of the road.

According to the WETM story (pasted below), during the program students see photographs of car accidents and hear from a police officer about the consequences of risky behaviors, including driving while impaired, not wearing seat belts, and speeding.

Teens’ worst driving habits

“Survival 101″ shows teen drivers the sometimes horrific consequences of simple carelessness while on the road. It’s a “scared-straight” strategy, but if it works, it’s well worth it.

The Allstate Foundation conducted a survey of teens age 15 to 17 in 2005. They found that the teens themselves reported:

56 percent said they use cell phones while driving

69 percent said that they speed to keep up with traffic

64 percent said they speed to go through a yellow light

47 percent said that passengers sometimes distract them

As a NY and PA personal injury attorney, I make my living handling car accident cases, but I wholeheartedly support any program that promotes safer driving.

In addition, a teen driving safety course doesn’t just improve the odds for young drivers. It makes the motorways safer for all drivers. Autoblog.com reported that a AAA study found that teen drivers were more likely to kill others in accidents than themselves. “Survival 101″ improves the odds for everyone.

You can read more about the “Survival 101″ program at the Buckle Up Pennsylvania website.

Thanks for reading,

Survival 101

Reported by: Raegan Medgie
Last Update: 3/23 11:50 pm

(WETM 2009) CANTON – Vehicle crashes are the number one killer of teens. That’s why the Pennsylvania Department of Transportation conducts a state-wide program called “Survival 101″.

Students at Canton High School took part in the program Monday.

A Canton Police Officer came to the school and showed photographs of crashes that have occurred throughout the Keystone State.

By doing this, students will see what could happen if they don’t pay attention when behind the wheel.

“It drives home the point of safety, especially seat belts, not speeding, not using any type of substance that can impair driving.” said PennDOT Safety Press Officer Michael Hess.

The goal of the program is to make teens aware of the importance of driver education.dr

Drugs, Alcohol and Poor Judgement Cause Twin Tiers Accidents (zifflaw.com)

Well worth the cost

New Traffic Light at Corning West High

About “Operation Safe Stop”

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But it’s the law, not a luxury!

The SUM secret

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Several years later…

What if the guilty don’t tell the truth?

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We need all of the details

Life isn’t a card game

If you retain us, our reputation works for you

Why this case is scarier than one dozy doctor

This story has two important lessons

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Teens’ worst driving habits

Survival 101

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