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.

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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,

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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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,

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

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

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It’s a comedy of errors that just isn’t funny. Make that a tragedy of errors.

WETM-TV (see story below) reported that a Steuben County man suffered critical injuries Saturday evening after falling off the back of a moving truck. The accident victim is in his 20s.

The driver, also in his 20s, was allegedly under the influence of alcohol and drugs at the time of the accident. Authorities said that criminal charges are pending against the driver.

The driver and the critically injured man both have the same last name. The young men, surely brothers, were probably close friends too. Now both of their lives are irrevocably altered because of one entirely preventable incident.

Drivers shouldn’t tempt fate with drugs and alcohol

Think of all the hundreds of things that can go wrong on the road. You could skid on a patch of ice, or hit a deer. A tire could blow on your car or another vehicle. You get the idea. There are natural hazards involved in driving. Most people understand this and are careful. They don’t add to the danger by impairing their judgment and taking risks.

It should go without saying that a driver should NEVER permit someone to ride as a passenger in the back of a pickup. Not to mention that no-one should drink and drive or take drugs and drive.

As a New York and Pennsylvania personal injury lawyer, I know that accidents happen. But sometimes the difference between life and death, having fun and being in the hospital - or facing criminal charges - depends on simple choices we make.

It’s a short story  - just 50 words or so, but a huge lesson. Unfortunately, car accidents and injuries keep happening, caused by foolish choices.

In another local story, “Heroin Found in Fatal Crash Car,” WETM-TV reported that a fatal one-car accident on Friday (2/6/09) in the Northern Tier apparently involved both drugs and failure to wear a seatbelt. Check out a previous post I wrote about seatbelt safety, inspired by another Northern Tier 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

Bath Man Falls off Moving Truck

WETM-TV (Liss, 2/9/09)

BATH, NY -  A Bath man is in critical condition at a local hospital after falling from a moving truck.

New York State Police based in Bath say the victim is Joshua Burlew, 26.

The accident happened on Michigan Hollow Road in Avoca shortly before 11 p.m. Saturday (2/7/09).

Troopers say the driver, Anthony Burlew, 22, also of Bath, was drunk and driving under the influence of drugs at the time.

They say that criminal charges are pending against the driver.

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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

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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

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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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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,

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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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

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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.

1. 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.
2. 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.
3. 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,

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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In a recent blog post, about a possible airbag lawsuit, I began addressing some questions from a mother who had a single-car accident with her husband and child as passengers. Since no other vehicles were involved, one question this family had was: “Could the husband sue the wife and her insurance company because she was driving?”

Let me explain the legal difficulties with this issue.

First, while New York does permit one spouse to sue the other, most NY insurance companies specifically exclude liability coverage for actions between spouses. You would need to check your auto policy to see what it says.

TIP: I strongly recommend to my clients that they request - and pay the extra premium for - spousal coverage. That additional premium is very small and it provides you with very important coverage if your spouse screws up while driving.

Second, unless you suffer a serious injury (see our FAQ about the definition of serious injury) New York does not permit you to bring a lawsuit after a car accident. I explain this issue in more detail in my blog post about serious injury.

It may take some time for the full extent of injuries to be apparent, so do not be hasty in making decisions. However, remember the following:

TIP: The New York State time limit in bringing an injury case is 3 years from the date of the accident. In Pennsylvania, the limit is 2 years.

Please feel free to e-mail me with questions about the legal issues surrounding car accidents and personal injury cases. And keep checking the NY Injury Law Blog for more information about these complex topics.

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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