As my clients and regular readers know, I STRONGLY urge EVERY car owner to make sure that they have good uninsured and underinsured coverage on their car insurance policy.  This coverage, often referred to as UM or SUM coverage, protects YOU if you have the incredibly bad luck to be hit by another driver who has either no insurance or not enough insurance to cover your expenses.  For literally pennies a day you can add UM/SUM coverage to your policy and frankly you are crazy if you don’t have this important coverage.  You can get my free book explaining this coverage and telling you how to read your insurance policy in detail by clicking here.  It’s a real easy read and you will quickly see why I think this coverage is very important.

But a recent blog post by my friend and fellow accident lawyer, Jim Carroll, gave me even more ammunition for my crusade to make sure everyone has good UM/SUM coverage.  In his post, Jim quotes from a Wall Street Journal article Road Risks Rise as More Drivers Drop Insurance:

“More drivers are letting their car insurance lapse because of the sour economy, putting themselves and others at risk. “

“The trend is bad news for everybody on the road. If you’re hit by an uninsured motorist, you may have to sue to recover costs, and many uninsured motorists have few assets. You can protect yourself by carrying uninsured-motorist coverage — almost half of states require the added coverage — but this may boost your premium.”

So, the bottom line is that now, more than ever, when people are facing tough financial times and cutting corners on their insurance, means that YOU have to make sure YOU have the right coverage to protect your family.

Thanks for reading,

Jim Reed
NY and PA Accident & Injury Lawyer
jreed@zifflaw.com

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The Twin Tiers was hit with its first major snow storm of the year last night.  In an appropriately timed release, Roger Burlew, president of the county Town Highway Superintendents Association, and Andy Avery, director of public works for Chemung County and the City of Elmira issued a press release asking residents to be mindful of impending hazardous road conditions.  Automobile accidents and personal injuries occur with increased frequency during the winter months due to hazardous road conditions, though nearly all accidents can be avoided if general precautions are taken by all drivers.  The attorneys at Ziff Law wish everyone a hapy and safe holiday season, and hope drivers will take the necssary steps to make sure their actions do not cause or contribute to any roadside emergency situations.  Together, we can all make our roads a safe and festive place to be during the holidays.

The advice listed below is sound, and helps remind all of us that wintertime drive can and should be safe, as long as we obey some basic rules of the road:

* Allow sufficient travel time.

* Allow extra distance between vehicles and additional stopping time. Four-wheel drive does not decrease braking distance.

* Match your speed to the road and weather conditions.

* Fully clean off your vehicle before leaving home. Good vision is a key to good driving.

* Be aware of snow plows on the road and give them adequate room to operate. Stay a sufficient distance behind so the operator can see you.

* Obey parking restrictions to promote clearing of snow from roadways. Mail boxes are generally the responsibility of property owners.

* Plowing or shoveling snow into and across roadways is illegal. Remove snow from driveways and sidewalks away from roadways.

* Wait until after the plows go by before shoveling your driveway entrance.

In the event of a winter storm, do not drive unless necessary. If you must travel:

* Make sure your car is stocked with survival gear such as blankets, a shovel, flashlight and extra batteries, extra warm clothing, set of tire chains, battery booster cables, quick energy foods and a brightly colored Read the rest…

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It is the little dark secret that peeks inside the courtroom through stoic-looking windows or the elephant in the room that no one is allowed to speak of, or reference, or even whisper in the presence of the jury.  It’s taboo, prohibited, proscribed, the poster child of Orwellian Newspeak for modern day litigation.  Say the word — one word — and you and your client are out.  Quite literally.

What is the demonized word so carefully excluded from nearly all jury trials in the United States?  You guessed it.  The magic word is…(drum roll)…INSURANCE.

Anyone who has ever sat on a jury likely understands what I mean.  Many jurors ask themselves throughout trial, “doesn’t the defendant have insurance?”  And, most question why none of the attorneys are talking about the defendant’s insurance policies.

Let me put a few things to rest:

1.  Yes, the defendant has insurance.  Although this is not true all of the time, in nearly ALL cases the defendant in a personal injury or malpractice case has insurance coverage — and plenty of it.  The reason is simple: lawyers are not going to put their clients through lengthy litigation and invest hundreds of hours of work hours into a case unless there is a reasonable likelihood their client is going to be able to recover just and fair compensation at the end of the day.  In other words, most lawyers avoid Read the rest…

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What Happens When You Don’t Drive Safely

in the Snow!!

The headlines this morning said it all:

• Buffalo Car Accident Kills Two
• Snow Causes Two Car Crash in Elmira
• Corning Highway Accident Due to Snow

In my area of Upstate New York, the first snow falls of the year provoke lots of car crashes and auto accidents.  Having spent my career representing people badly injured or killed by accidents, I have seen the same accident causes over and over again.  The sad part is that the vast majority of accidents are totally avoidable IF drivers gave some basic thought to safe driving practices.  Frankly, there would be a whole lot less winter car crashes if people used some basic common-sense when winter driving.  Here’s a few tips to make you a safer driver in the snow and ice:

• Install Good Snow Tires– This seems like a no brainer but I can’t tell you the number of lawsuits I have handled where drivers were driving on bad or even bald tires.  In the winter, you need traction and snow tires are essential.
• Clean the Snow and Ice Off Your Windows BEFORE You Start Driving– How many times have you watched drivers trying to drive with just a small cleared area on the front windshield.  How the heck do you expect to make safe turns if you can’t see out your side windows?  How are you going to see the cars behind you if you can’t see out your rear window or use your mirrors?  OK, I know it’s cold and you just want to get in to the shelter of your car but it is critical that you take the time to clear your windows.
• SLOW DOWN IN THE SNOW– Simple but the single best way to avoid a car crash.  Just because the speed limit is 55mph or 35mph does NOT mean it is safe to go that speed.  Remember:  As a driver, you are legally required to have your car under control at ALL times.
• Choose the Safest Route– As someone who has lived in this area of Upstate NY for my whole life, I am always amazed that some people will choose routes that everyone knows are very dangerous in the winter.  For instance, we live in an area of steep hills and deep valleys.  Often, it might be faster to go over a hill rather than the long way around a hill but in winter conditions it is usually much safer to avoid the hills whenever possible.
• Carry a Cell Phone and Equip Your Car with Basic Supplies– God forbid that you follow these safety rules and you have an accident anyway but if that does happen to you make sure you have some basic supplies like a cell phone, blankets, flares, drinking water, some food.  If you are involved in an accident, most experts strongly urge you to stay in your car (so long as it is in a safe location) and wait until emergency help arrives rather than setting off in a snowstorm to find help.  Every year we hear of someone who dies due to exposure following a car accident…the best advice is to stay put.

I wish you a safe and happy winter driving season.  “Let’s be CAREFUL out there!”

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

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The one-car accident described below got me thinking about a question I am often asked:

If I am riding in a car driven by one of my friends and he does something dumb (speeding, driving drunk, driving too fast for conditions)  that causes me to get injured, can I bring a claim against my friend?

The short answer is YES. If you have been hurt due to the negligence, carelessness or recklessness of another, you can bring an action against them even though they may be your friend, your relative or even your spouse.  That goes too for the driver of a car in which you are riding.

Now this does NOT mean that every car crash results in a valid claim or lawsuit.  Both New York and Pennsylvania have rules about when you can and cannot bring a lawsuit.  For instance, NY requires that you have suffered a “serious injury” in order to qualify to bring a lawsuit in NY auto accident case and in Pennsylvania your right to bring a lawsuit may be determined by whether you elected the full tort or limite tort option.

But what this DOES mean is that just because you have some relationship with the negligent person, does NOT automatically disqualify you from bringing a claim against them and their insurance company.

I hope this helps clarify this issue.

Thanks for reading,

Jim Reed
New York & Pennsylvania Auto Accident Lawyer
jreed@zifflaw.com

Bradford County Crash Injures Three People

Contributor: Katie Graham, WETM-TV

ATHENS TOWNSHIP-Athens Township police are investigating a one-car accident that sent three people to the hospital Monday night.

It happened on Wilawana Road near the Dandy Mini-mart, near exit 59-A, around ten o’clock Monday night.

Athens Township police say they’re not sure how the accident happened.

Ambulances took three people to Robert Packer Hospital.  Their conditions are unknown Tuesday morning.

Related article

• Pennsylvania Accident Lawyer Explains That Many PA Car Insurance Policies Do NOT Provide Death Benefits
• New York Accident Lawyer Applauds a Defensive Driving Course for Teens in Watkins Glen, NY

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‘Tis that time of year again.  The cool crisp air, the leaves blowing in the wind, the early setting sun….  Autumn is almost over and Winter is on it’s way.  This time of year brings two significant events both of which greatly increase your chances of a car collision with a deer– it’s deer mating season and deer hunting season.  Both the mating season and the hunting season cause deer to be on the move much more than normal which means that deer are dangerously crossing roads much more than normal.  Unfortunately, more deer/road crossings means more car/deer crashes.

The consequences of deer collisions can be horrible– catastrophic injuries and death, totalled or badly damaged vehicles.

But deer collisions are NOT inevitable and there are some defensive driving steps you can (and should!) take to try to minimize the likelihood of hitting a deer with your car.  Over the last 20+ years I have handled many personal injury and wrongful death cases involving collisions with deer and I have learned first-hand that many drivers do not take reasonable precautions to avoid deer accidents.

Heck, I have lived in Upstate New York for all of my 47 years (ugh!), I drive MANY miles every year in highly deer infested areas, and I have never hit a deer.  Some would credit this with just good luck but I think it has less to do with good luck and everything to do with the fact that when my Dad, an avid hunter himself, taught me to drive, he pounded in to my thick teenage head, the need to drive defensively to avoid hitting a deer.

Below are a few simple tips that my Dad taught me that can greatly reduce your chances of hitting a deer.

DRIVING TIPS TO AVOID DEER COLLISIONS

1.  SLOW DOWN– If you are in an area that is known to harbor a large deer population, SLOW DOWN.  This sounds so simple but it is amazing the number of drivers who go the same speed even though they know that an area is known for a high number of deer.  Come on folks….we all know that you can’t go the same speed when roads are snowy and icy because the road conditions make it dangerous to go the “usual” speed.  The same is true for deer-infested areas.  If you know you are in an area where deer frequently cross the road, slow down and watch out for deer crossings.

2.  BE ON THE LOOKOUT–  During the Fall and especially during hunting season, EXPECT to see more deer on the road.  Expect to see them in unexpected areas.  Expect to see them behaving in unusual ways.   A buck in rut is blinded by lust and spends his days and nights chasing does for mating.  This mating activity greatly increases the number of deer crossings.  Likewise during the hunting season, deer are on the move trying to avoid the hunters in the woods.  For defensive driving purposes, this means we KNOW we are facing greater hazard from deer collisions so it means that we need to be even more vigilant in watching out for deer.

3.  IF YOU SEE ONE DEER, MORE WILL INEVITABLY FOLLOW– Another simple rule. However, it’s amazing the number of drivers who will see one deer at the side of the road and won’t slow down at all.  Not smart.  Deer, particularly doe’s, travel in packs, and during mating season those packs are often hotly pursued by one or more bucks.  Knowing this, smart defensive drivers slow WAY down when they see a deer anywhere near a road.

I hope these tips help you safely navigate the high-risk deer season.  Best of the season to you!

Thanks for reading,

Jim Reed
New York Accident Lawyer
jreed@zifflaw.com

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Own a car in Pennsylvania?  Pay a lot of money every year for insurance coverage?  Think your auto insurance policy provides coverage for your funeral expenses should you be killed in an accident?  Better think again…..

WETM-TV covered a story (copied below) that is relevant to all of our friends in Pennsylvania–  You REALLY need to carefully review your auto insurance to make sure it provides the insurance coverage that you think it does.

Most of us like dealing with our auto insurance about as much as we like getting a tooth pulled but the bottom line is that you are paying a lot of money every year for car insurance so better make darn sure you are getting what you paid for.

Reviewing your insurance policy isn’t nearly as hard as you might think.  Most of the important information is contained on 1-2 pages of your policy called the Declaration Sheet– this is the page that tells the types of coverage you have and how much of an insurance premium you are paying for each coverage.  Go down through that sheet (preferably with your insurance agent’s help) and make sure you know exactly what each of the coverages pays for.  If you are not sure you understand the coverage, don’t be shy about asking your agent to explain it to you.  Most good agents are happy to explain the policy and they understand that is part of their job if they want to sell you your insurance.  If your agent is unwilling to or gives you a hard time about explaining your policy, then it’s time to go get a new agent…..

You owe it to yourself and your family to make sure your hard-earned money is buying the protection you need.

Good luck!

Jim Reed
Pennsylvania Car Accident Lawyer
jreed@zifflaw.com

Death Benefits Not Mandatory for PA Car Insurance
Reported by: Naveen Dhaliwal
Email: ndhaliwal@wetmtv.com

ATHENS, PA - All of you who own a car and have full insurance coverage assume you’re covered for the worst possible scenario.

When we get into our car and get ready to drive away, you don’t really think if your car insurance covers you if you get into a fatal accident.

The Mullen family in Athens found out the hard way.  Missy Mullen’s daughter Stephanie Mullen was killed in a car accident on State Route 4014 in Smithfield Township a month ago.

Missy Mullen says Stephanie’s car insurance policy did not have death benefits.

“I just want people to be more aware of their insurance coverage so maybe they don’t have to go through something like this,” says Mullen.

“Everybody we have talked to has looked into their policies and there were several who found out they didn’t have that coverage so they have changed their policies to cover that,” says Clarissa Galasso.

The $5,000 cost for Stephanie’s funeral was paid for by family and friends.  Stephanie was cremated and right now her ashes lay in a box on her bed at home.  Her family still needs another $2,500 for the burial.

A benefit this is being held to help the Mullen family with burial costs.  It will be this Saturday at the East Smithfield Fire Hall from 4pm to 8pm. If you aren’t able to make and would like to help, you can send donations to Clarissa Galasso P.O. Box 92, East Smithfield, PA, 18817.

In New York State most policies carry death benefits.  However, in Pennsylvania only liability and medical is required.

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WETM-TV reported the story below about a recent trial verdict in Steuben County, Bath, NY.  This is not a case handled by our firm and I am trying to contact the Corning attorney who represented the injured woman to see what happened in the case.  Stay tuned for more info.

You may wonder, why do I care about a care about a case handled by another lawyer?  Pretty simple.  As trial lawyers we often learn a lot by finding out what went wrong for another lawyer in another case.  Likewise, when there is a big verdict for the injured party, we learn by finding out what went right.  The bottom line is that to be an effective trial lawyer, you have to be learning all the time…..

Thanks for reading,

Jim Reed
NY and PA Injury and Malpractice Lawyer
jreed@zifflaw.com

Jury Rules City Not Responsible For Police Car Crash

A New York State Supreme Court jury has ruled that the City of Corning is not responsible for the injuries a woman suffered when her car collided with a police car. That’s according to the attorney representing the city in the case, Andrew Schwab.

The crash happened three years ago at the intersection of Bridge and Pulteney Streets. Schwab says 21-year old Maurica Tallarida was seeking over a million dollars in damages in the civil trial. She was ticketed for failing to yield the right of way but a Corning City Court judge threw out the ticket, citing witnesses that said it was the police car that ran the red light.

The Supreme Court jury ruled that the officer was not negligent. We were unable to reach Tallarida’s attorney for comment Friday night.

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The national press is abuzz with the news that insurance giant AIG may be headed toward bankruptcy as the fallout from the sub prime mortgage mess continues.  Since AIG writes a LOT of insurance in NY, and we  have several clients who were injured in car crashes by defendants insured by AIG, people are naturally wondering how this may affect their personal injury case.  The answer we are giving is a simple one - don’t worry yet.

If you are insured by AIG, they will continue to pay for your defense and indemnify you for any judgment obtained against you up to the policy limits.  If you were injured as a result of the negligence of someone insured by AIG, the policy remains in effect as of this moment, and the policy limits remain available to satisy any judgment you may obtain.  This situation will change, though, the minute AIG files for bankruptcy.

In the event AIG does file for bankruptcy, this doesn’t mean your case goes down the tubes.  Understanding why requires a basic understanding of how insurance companies work, which I will attempt to explain.  On an ongoing basis, insurance companies are required to keep a certain aount of money on hand as “reserves”.  The reserves are meant to be sufficient to cover all outstanding claims against the insurance company.  A reserve is set in each individual case.  Some cases will be under reserved, and some cases will be over reserved, but they generally average out.  In the event that AIG does file for bankruptcy, New York State has a liquidation bureau that would take over the handling of all cases, hire attorneys to defend AIG insureds and pay any judgments obtained out of these reserved funds.

Even if AIG does file for bankruptcy, that doesn’t mean that your case must be settled at a discount.  If the company has reserved its cases correctly, there should be sufficient funds to cover all cases.  This won’t stop AIG attorneys from attempting to use this as a negotiation strategy, though.  I have personally had attorneys argue that because the insurance company in a case I was handling was in bankruptcy, I would have to accept less money than the case was worth.  Unbelievable logic isn’t it?  My client, who has done nothing wrong, is injured by by their insured, but I should accept less money because the insurance company can’t manage its business without going bankrupt?  Full value can still be obtained, as we have demonstrated in the past, but the wise practitioner will push their case to a conclusion as soon as possible.  When you know that there is a limited pot of money to deal with, you never want to be at the end of the line!

Thanks for reading,

Adam M. Gee, Esq.
NY and PA Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Here are a couple links to stories about the AIG mess.

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Despite all the strides that have been made toward educating young drivers about the dangers of drinking and driving it seems that all too often we read news accounts of young passengers or drivers needlessly dying due to drunken driving.  A very sad example of this continuing problem is the news that a sixteen year old passenger, Stacey Lynn Crowley from Wellsboro, PA was killed on Route 287 in Pine Township, Lycoming County, PA just south of the Tioga County line.

Police were considering filing charges against a Trout Run man who was driving a pickup truck that crashed late Friday night, killing a Wellsboro High School senior who was riding in the back seat.
Stacey Lynn Crowley, 16, of Woodland Avenue in Wellsboro, died when the pickup truck she was riding in crashed along Route 287 in Lycoming County’s Pine Township. Lycoming County Chief Deputy Coroner Mark Lusk pronounced Crowley dead at the scene of the 10:12 p.m. crash in Lycoming County’s Pine Township.

Two other occupants of the 1994 Mazda pickup truck — driver Justin Sherman, 21 and Colin Campbell, 20, both of Trout Run — were listed in fair condition on Saturday at Williamsport General Hospital.

Lycoming County Coroner Chuck Kiessling said it appeared that alcohol was a factor in the crash.

“It seems like it,” Kiessling said. “But I don’t have any numbers yet.”

Kiessling said he would order an autopsy on Crowley at Lehigh Valley Medical Center in Allentown if police file charges of motor vehicle homicide against Sherman.

“I’m expecting charges to be filed,” Kiessling said Saturday afternoon. “I’m waiting to hear from the DA and the state police.”

State Trooper Sean Cooney wrote in a press release that Sherman was driving the Mazda pickup truck south on Route 287 and lost control of the vehicle. It traveled off the east side of the highway and flipped onto its left side, ejecting Crowley and Campbell, who was pinned partially underneath the vehicle, police wrote.

The lesson to be learned by all of us is simple– under no circumstances should you drink and drive!

Thanks for reading,

Jim Reed
NY and PA accident and injury lawyer
jreed@zifflaw.com

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