Personal Injury Lawyer Offers Advice for Success in Small Claims Court

Posted on June 17, 2010 by Jim Reed

I was recently contacted by e-mail for some legal advice by a reader of the NY Injury Law Blog. This person had gone over some of my posts, particularly “The “People’s Court”– NY Small Claims Court.”

I am going keep this person’s identity confidential, but I want to share my response because I believe this advice will be useful to other readers.

The person who contacted me had been the victim of an assault. The assailant had pled guilty and awaits sentencing. The victim had a permanent scar from the assault and this damage was the source of the question to me. As a NY personal injury attorney, could I advise:

1. How the assault victim should act and speak when before the judge.

2. What amount of compensation might be expected for a scar?

3. When would the compensation decision be made and is there a process to collect claims won in Small

Claims Court?

Here is the advice that I offered:

1. Go to court prepared and organized. Have an outline of how you are going to explain what happened to the judge. Take some good pictures of your scar and print them out as 8-inch by 10-inch images so you can give them to the judge.

Go to the Court Clerk’s office and get a copy of the Certificate of Conviction showing the guilty plea. If you have any witnesses to the assault, bring them with you and have them prepared to tell the judge how you were assaulted.

Stay calm and be polite to the judge (say “Yes, sir,” and “No, sir,” etc.).

2. Scars are tough to value and there is no single website where you can get a precise idea of value.

However, with that said, don’t sweat it because the decision about how much your scar is worth is up to the judge anyway. In order to convince the judge to give you the highest amount possible, you need to be prepared to tell the judge in a calm, honest way about the many different ways in which the scar bothers you both emotionally and physically.

Tell your story with as much heart as you can, but be honest and be careful to not come off as a total whiner.

3. In Small Claims Court, the judge makes the decision. Usually he or she makes it that day, but he or she can “reserve decision” to secure more time think about the ruling.

There is a process to collect, and you can read about it in the informational booklet available at Small Claims Court.

I hope this advice helps the reader who contacted me, as well as anyone else anticipating a day in Small Claims Court.

I enjoy working on the NY Personal Injury Law Blog and helping readers make sense of some very complicated and scary legal issues. Please feel free to contact me with questions – I’m happy to help and explain what you need to know.

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
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

NY and PA Motorcycle Accident Attorney Warns of Danger from Thunderstorms

Posted on June 17, 2010 by Adam Gee

In one of the most frightening freak accidents I’ve ever heard of, a 53-year-old man was struck by lightning and fatally injured while riding his motorcycle on a Colorado road.

According to witnesses who called the area television station, 9NEWS.com of Denver, Colorado, the man was struck directly on the head and the lightning split his helmet open. He was listed in critical condition for a time, but eventually died from his injuries. I’ve pasted an updated copy of the story from KUSA-TV below:

“Motorcyclist dies after being struck by lightning”

CHAFFEE COUNTY – The motorcyclist that was struck by lightning over the weekend has died.

The Chaffee County Sheriffs Department says that 53-year-old William John Carr of Pompana Beach, Florida was struck by lightning on Saturday afternoon while riding his motorcycle with friends on Highway 285 near mile marker 138.

Carr was taken to Heart of the Rockies Hospital and then flown to St. Anthonys Central Hospital. Authorities say he died on Tuesday night.

Many times I blog about risks and mistakes that motorcyclists take, actions that put their safety at risk. But storms can come up quickly, before you can find shelter. We are all aware of the danger from rain on roadways, especially for the first 15 minutes or so until the oils are washed off, but one thing I never thought of was lightning. Lightning is very dangerous and unpredictable – I feel for Mr. Carr’s family and the shock they must be in after such an awful, sudden accident.

All I can add is that if you feel there’s the slightest chance of lightning coming in a summer storm, head for shelter. Riding’s not worth that risk. Overpasses are a great place to stop, they will protect you from the rain and lightning.

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 or Pennsylvania accident victims; follow the link to order a copy.

NY Motorcycle Accident Lawyer Explains Why Drivers Don’t See Bikers

Posted on June 15, 2010 by Adam Gee

A fascinating article in a past issue of the British magazine Bike has an explanation for why car drivers sometimes just don’t seem to see oncoming motorcycles.

Motion Camouflage

The secret to this theory is connected to the way in which predators act in the animal and insect kingdoms. Researchers discovered that a dragonfly, for example, uses a technique called “motion camouflage” to approach prey. Motion camouflage is based on the fact that when a creature or an object is coming directly at you at high speed, its motion is barely detectable.

It sounds strange but it’s true! The dragonfly was found to change its course when honing in on prey, making adjustments to fly directly into its victim’s line of sight.

I came across this story online at Motorcyle Info Pages, a British site packed with safety information for bikers. The blog post features images from the Bike article as well as further explanation:

“Motion is difficult to perceive when it is directly along the line of sight. Because the object is stationary relative to the background, an observer doesn’t see a change in the overall image and thus isn’t cued to the presence of a moving object. Though the object increases in apparent size as it nears, the change goes unnoticed at first–moving from 1000ft distant to 900ft may not affect the image enough to trigger a response. A motorcycle is particularly susceptible to motion camouflage because its cross-section area as seen by an observer is much less than that of a larger vehicle.”

The Looming Effect

Now the second part of the whammy against motorcyclists: When a driver does realize a motorcyclist is approaching rapidly, a second natural response kicks in and makes an accident more likely. This is called the looming effect.

For good or ill – and I’m sure there’s some evolutionary reason for this that didn’t take motor vehicles into account – people freeze when they realize something’s about to hit them. In the wild, perhaps this threw predators off, but on the road, it just makes for serious accidents when a driver stops dead in front of an oncoming motorcyclist.

What’s the solution?

Duncan MacKillop, a motorcycle riding instructor who first suggested a connection between motorcycle accidents and motion camouflage, had a simple and smart sounding solution. He tells bikers to ride in a way that takes them out of the cross-street driver’s direct line of sight.

To break the illusion of motion camouflage, Mackillop recommends riding in a path that diverges from the driver’s line of site if possible, and/or using a gentle zigzag motion to catch a driver’s attention. People may look at you a little funny if you are zig zagging within your lane as you approach an intersection, but if it catches their attention and keeps them from hitting you it is well worth it.

Check out the full article at the Motorcycle Info Pages, and don’t forget what a great safety device science can be.

Thanks for reading,

Adam

______________________________
Adam M. Gee, Esq.
NY and PA Personal Injury, Malpractice and 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?” is available FREE to New York and Pennsylvania bikers; follow the link to order a copy.

Fatal Franklin Township Crash Offers Two Lessons for Drivers, Explains NY & PA Personal Injury Attorney

Posted on June 11, 2010 by Jim Reed

I was shocked and saddened when I read the news of a fatal auto accident early Friday afternoon in Franklin Township. The driver, a woman from Monroeton, drove into the side of a church. She lost her life and a passenger in her car was injured badly enough to warrant his transport to a hospital in Philadelphia.

What happened? According to police, the driver, 66-year-old Gloria E. Morse, drifted into the wrong lane, then over-compensated by veering back so sharply that she lost control of her vehicle. A complete description of the accident, as reported by The Daily Review, “Monroeton Woman Killed When Car Crashes Into Church”, is pasted below. To compound the tragedy of the crash, Morse was not wearing her seat belt.

This sad accident teaches two important lessons, one of which I have harped on many times—ALWAYS wear your seat belt—and a new subject but an important driving tip—Be very careful in correcting when your tires mistakenly travel on to the shoulder.

Over the years, I have handled countless car crash cases involving fatalities and serious injuries that were caused by a driver “over-correcting” when their wheels drifted off on to the shoulder.

Driving instructors teach that your driving movements must always be smooth and fluid because it is the abrupt turn of the wheel that causes the driver to lose control of their car. We often see this phenomena when driving in the snow or rain.

The bottom line is that when you encounter any slipping or sliding of your vehicle that you react coolly and deliberately to regain control of your car. Resist the temptation to abruptly spin your steering wheel in the opposite direction. SMOOTHLY turn your steering wheel to bring you back to your proper direction of travel.

Some of you may be wondering if the injured passenger, William Buckley, would have a valid lawsuit against the insurance company for the driver. The short answer is Yes. As a person injured as a result of the actions of the negligent driver, a passenger has a right to bring a claim against the driver’s insurance company.

Thanks for reading. Be sure to read the full story about this accident below.

- 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

E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

“Monroeton Woman Killed When Car Crashes Into Church”

(The Daily Review, Towanda – James Loewenstein)

FRANKLIN TOWNSHIP – A Monroeton woman was killed when the car she driving struck a church in Franklin Township Thursday and partially traveled into the building, state police said.

Gloria E. Morse, 66, of Monroeton RR1 was driving east on state Route 414 at 1:43 p.m. when her vehicle drifted into the westbound lane of traffic, police said.

Morse over-corrected by steering to the right and lost control of her 2000 Buick LeSabre, police said.

The vehicle went off the south side of the road, traveled through a yard and struck the west foundation wall of the Franklindale Christian Church, police said.

When the vehicle came to rest, most of it was inside the church, and only the trunk and part of the rear passenger area remained outside the building, said Cpl. Roger Stipcak of the state police at Towanda.

A man who was a passenger in the vehicle, William Buckley of Canton, suffered moderate injuries in the crash and was transported by emergency medical helicopter to Robert Packer Hospital in Sayre, police said. A Robert Packer official reported that Buckley was later transported to Thomas Jefferson Hospital in Philadelphia.

Bradford County Coroner Thomas Carman said he pronounced Morse dead at the scene at 2:15 p.m.

Morse was not wearing a seat belt at the time of the crash, police said.

There was no one inside the church at the time of the crash, Stipcak said.

The car sustained heavy damage, police said.

Stipcak said it doesn’t appear that Morse was speeding. He said that alcohol was not a factor in the crash.

The church is located at the intersection of Route 414 and Preacher Brook Road.

James Loewenstein can be reached at (570) 265-1633; or e-mail: jloewenstein@thedailyreview.com.

NY Motorcycle Accident Attorney Salutes 2010 Harley-Davidson Nation of Patriots Motorcycle Tour

Posted on June 10, 2010 by Adam Gee

Since shortly before Memorial Day, a cross-country tour has been bringing attention and honor to our nation’s wounded soldiers and earning money to help them and their families.

The 2010 Harley-Davidson Nation of Patriots Tour is a fundraiser and an effort by Harley-Davidson owners to bring attention to the sacrifices our military forces have made. More than 150,ooo motorcyclists will participate nationwide; the tour recently passed through the Twin Tiers. The riders at each leg of the tour pick up an American flag to carry and pass on to the riders for the next leg. The photo with this post is of the riding group and soldiers, June 8 at Southern Tier Harley-Davidson in Binghamton.

The tour began May 28 at a Harley-Davidson store in Oconomowoc, Wisconsin. It’s the hometown dealership of the tour’s founder, Bill Scherer. The tour that Scherer started in 2009 will cross 48 states in 100 days. Check out the Nation of Patriots home page to see a map and locate the riders’ current location (as I write, it’s Binghamton, New York!). WETM-TV reported on local riders participating in the tour in the online story “2010 Patriot Tour”; a copy of the story is pasted below.

As a New York and Pennsylvania motorcycle accident attorney, I think this charity is a fantastic idea. It puts together Harley riders from across the country all riding and raising money for a common cause.

The 2010 Nation of Patriots Tour will cross the United States and return to the starting point in Wisconson. You can learn more about the charity at the Nation of Patriots home page and even make a direct donation.

Thank 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?” is available FREE to New York or Pennsylvania accident victims; follow the link to order a copy.

2010 Patriot Tour

(Reported by Sofia Ojeda on WETM-TV)

Painted Post, N.Y.- Harley Davidson riders across the country are honoring our nation’s troops.
It’s all part of the 2010 Patriot Tour.
3 Harley Davidson riders left Painted Post and headed to Binghamton Monday morning carrying the american flag.
The riders were part of the tour carrying the flag through 48 states in 100 days.
They rode a little over an hour away.
There they would hand off the flag to another group of riders.
Paul Koekebacker says, “You should honor our troops and fallen veterans in any possible way. We got a lot of families paying a big price for some of these things, it’s one way to recognize it, to honor it. If you can take a flag, the same flag and go to all 48 states, i think it’s important to do that.”
Stan Mosher says, “It’ll leave Binghamton tomorrow and go to Albany then from there it goes up to New England back down the East Coast to Florida, across the United States up the West Coast and back to Wisconsin.”
The tour began in Wisconsin on Memorial Day.
The tour will end there on Labor Day.

Drunk Driver Gets Charged for Injuring Congressional Candidate

Posted on June 9, 2010 by Jim Reed

For how many years has it been drilled in to our heads that you should NOT drink and drive?

20? 30?

More?

But some people don’t seem to ever get the message. A local story just posted by WETM-TV highlights the dangers of drinking and driving:

Northern Tier Woman Charged for Crash

(WETM-TV, Staci-Lyn Honda)

TOWANDA, Pa. (AP) – A northeastern Pennsylvania woman is facing drunk-driving charges after allegedly causing a head-on crash that hospitalized a congressional candidate.

State police say 23-year-old Michele Jordan Merschbach, of Towanda, had a blood-alcohol content of .169 following the June 1 crash that injured Republican Tom Marino. That’s twice the legal limit for drivers.

If you are injured by a drunk driver in New York or Pennsylvania, you should IMMEDIATELY consult with an experienced injury lawyer who can quickly advise you of very important rights you need to be sure are protected. For 24+ years I have been handling accident and malpractice cases in the Twin Tiers for our friends and neighbors, and if I can ever help you feel free to call or e-mail me ASAP.

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 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.

Seneca Lake Crash Offers a Frightening Reminder of Boating Risks

Posted on June 9, 2010 by Adam Gee

June’s barely begun, and already there’s been a serious boating accident on an area lake.

WETM-TV recently reported that there had been a boating accident on Seneca Lake. “Two injured in boating accident on lake” (also pasted below), covered the basic details.

The accident happened Saturday night, and police are still investigating the cause at the time I write this. A family was out in a 25-foot Bayliner – two young teenagers alseep in a forward cabin, with mom and dad operating the boat. Perhaps she was unfamiliar with the layout of the lake, or there was some other cause – but Wendy Taylor ran into the breakwall near Cargill Salt in Watkins Glen.

Both Wendy and her husband William were hurt. Luckily their 12- and 14-year-old sons were unharmed.

I recently blogged about New York’s boating laws in a post titled “Know NY’s Boating Laws Before You Take to the Water.” There are many causes of boating accidents. Boat crashes are particularly dangerous because of the size and momentum of boats. They don’t stop and turn as well as cars do, and when there’s an accident, there’s more likely to be serious injuries. A plethora of emergency services had to come to the scene to help.

“Two Injured in Boating Accident on Lake”

WATKINS GLEN – The Schuyler County Sheriff’s Office is investigating a boating accident late Saturday night that injured two people.

Deputies say 32-year-old Wendy Taylor of Church Road in Reading Center was operating a 25-foot Bayliner on Seneca Lake when she ran into the breakwall in front of Cargill Salt near the mouth of the canal at Watkins Glen.

Taylor suffered a laceration to her left eye and a shoulder injury.

Her husband William Taylor, 35, sustained facial fractures. Both were transported by ambulance to Schuyler Hospital for treatment.

The couple’s 14-year-old son and 12-year-old nephew were asleep in a forward cabin on the boat and were not injured.

The boat was extensively damaged. The Watkins Glen Fire Department, Watkins Glen Police and state police assisted at the scene.

Thanks for reading,

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

Know NY’s Boating Laws Before You Take to the Water

Posted on June 4, 2010 by Adam Gee

Boating in the Finger Lakes region of upstate New York is an experience people come from around the world to enjoy. Although our area’s long and narrow lakes (the seven most commonly called “Finger Lakes” are Otisco, Owasco, Canandaigua, Keuka, Seneca and Skaneateles) are usually calm and pristine, reflecting the surrounding hills like mirrors, it doesn’t mean that boating on these lakes is without risk.

Boating involves serious preparation and attention to precautions. As a personal injury attorney and a avid boater myself, I thought the beginning of the summer season was a good time to remind everyone of New York state’s Boating Regulations and the New York State Navigation Law.

For more details and updates about these rules, visit the Web site of the New York State Parks and Recreation department (www.nysparks.com).

Know Your Speed Limits: To use cars as a comparison, boats don’t stop as quickly or turn as sharply. That means lake boating speed limits MUST be carefully observed for your own safety and the safety of other boaters and swimmers.

I personally keep a boat on Keuka Lake. On that lake, the boating speed limit is 45 mph during daylight, 25 mph after sunset until sunrise, and only 5 mph within 200 feet of the shore, rocks, docks, rafts or moored vessels. (The exception to the 5 mph rule is when pulling up or dropping off a water skier.)

Save Yourself, Save Others: New York state law requires that sailboats less than 23 feet long, Personal Water Craft (PWC), motor boats and manually powered vessels MUST carry the following safety equipment.

A wearable Personal Flotation Device must be available for every person on the craft. In September 2009, New York expanded its PFD rules, requiring all small boat occupants to wear life jackets during the winter as well. You can read more details about this in the NY Injury Law Blog post, “New York Makes Life Jackets Mandatory November through May.”

The PFD must be appropriate for the person wearing it – children under age 12 on boats less than 26 feet long MUST wear a correctly-sized life jacket while the boat is underway.

Boats are also required to carry throw able life preservers, to haul in anyone who needs help in an emergency.

More required equipment:

One or more fire extinguishers, depending on the size of the craft.

Every craft requires Visual Distress Signals. The form and number vary depending on the time and available light as well as the size of the craft. From sunset to sunrise, boats of 16 feet and longer are required to have red flares. During daylight, orange distress flags qualify as the required Visual Distress Signals.

Boats must have an anchor.

Boats of 39 feet long and longer must have a mechanical sound warning device, such as a horn, bell or whistle. Craft less than 39 feet may get by with a whistle, horn or by mouth – just be able to give a hearty yell of warning.

White navigation lights are a must-have as well. The bow and stern of your craft are required to be marked with white lanterns or lights to warn other boats. Sailboats require additional lighting in some circumstances. It’s best to contact the proper authorities for details.

Optional Equipment it’s Good to Have:

First Aid Kit
Bailer
Boat Hook
Paddle
Compass
Marine Radio

Care for Your Equipment: It’s not enough just to buy the required equipment and stow it on your boat. You’ve got to make sure it works. PLEASE BE AWARE OF EXPIRATION DATES ON FLARES AND FIRE EXTINGUISHERS

Obey the Rules of the Water: Some boating-related activities are regulated with strict rules. While water-skiing, the tow-boat must contain an observer (at least 10 years old) as well as a driver. The water-skier must be wearing an approved PFD and water-skiing is only permitted during daylight. Don’t water-ski between sunset and sunrise.

PWC, such as Jet Skis, also are restricted to use only during daylight. The drivers of such craft must be at least 14 years old, and now matter how old, must have completed – successfully – a New York state-approved safe boating course. It’s like a driver’s license – the certificate has got to be in your possession if you are asked by law enforcement to produce it.

Powerboats require training too. Youth ages 10 to 17 must have successfully completed a state-certified Power Squadron or Coast Guard Safe Boating Course in order to operate a powerboat without adult supervision. Again, the certificates for course completion must be in the operator’s possession on the boat.

A Final Word – ‘Diver Down’ Flags: All boats must stay 100 feet from “diver down” flags. Do you know how to recognize these flags? There are two:

The Alpha Flag is a blue pennant with a white stripe at the base.
The Diver Flag is a red rectangle with a white diagonal stripe.

Steer well clear of these flags to preserve the safety of divers. The flags could well be the only evidence of their presence below the surface.

Thanks for reading and taking an interest in boating safety. Here at the Ziff Law Firm, we have successfully handled a number of Finger Lakes boating accident cases. Check our Boating Accident Landing page for brief descriptions of some of the high-profile boating injury cases we have resolved. Many of the incidents could have been avoided entirely, by simply sticking to the rules set by New York State as well as the federal government to keep boating a safe and fun summer activity.

Thank for reading,