If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!

Richard Binko, Esq., a lawyer from Cheektowaga, NY and the current President of the NYS Trial Lawyers Association, wrote a commentary piece that was published in the Syracuse Post Standard on March 15, 2010.  The online version of that article can be found here.  I felt the piece deserved an even broader audience, so we are including it here as well.

“The police in Auburn want to know what’s in Toyota’s black boxes — or at least the one in the 2010 Camry that killed Colleen Trousdale when it ran wild and slammed into her car the day after Thanksgiving. But Toyota isn’t telling.

The box, called an “event data recorder,” is similar to those in airplanes, but it locks up the data in a system so secret that federal investigators, and even Toyota itself, say they cannot yet decode it.

The black box is only the latest episode in the mystery of the runaway Toyotas. Despite a public uproar, no one has determined what caused so many to accelerate uncontrollably, killing and maiming dozens of people around the country. Federal regulators were satisfied with Toyota’s limited recalls, even when they clearly didn’t resolve the problems.

So, in this era of deregulation and rising corporate influence, victims are turning to the one branch of government that isn’t compromised: the courts. Here, they hope, they can force Toyota to grant access to its black-box data and the records of the last awful moments in the company’s crashing cars.

These are not litigious opportunists. They are victims. And our civil justice system, older than the country itself, is designed to find the causes of injury inflicted on the unsuspecting. In the courts, victims of countless hazardous products — Chevrolet Corvairs and Ford Pintos, toxic drugs, cancer-causing asbestos, defective baby seats and cribs — have found both justice and answers.

As for Toyota, consider the record so far. The company insists that faulty floor mats and pedals are to blame, and in the face of evidence that the acceleration problem is not just mechanical but electronic, Toyota is sticking to its story.

Congressional committees elicited very few answers in their recent hearings. And the auto industry’s chief regulator, the National Highway Traffic Safety Administration, is only slowly awakening from eight years of industry-friendly torpor.

NHTSA turned away Toyota owners who complained, citing a “need to allocate and prioritize NHTSA’s limited resources,” according to the agency’s own documents. And not once in six years did the agency use its subpoena power to get information from the company.

At the same time, Toyota, like many regulated manufacturers, hired away its regulators. Two former NHTSA officials “managed” federal investigations and recalls for Toyota, which boasted at one point that their efforts saved the company $100 million.

The agency may or may not uncover the secrets in Toyota’s black boxes. But the courts can and will. And the result will be an enormous correction for individual victims and, more importantly, for all Americans. The civil justice system is designed not to punish, but to find the facts, inform the public and provide incentives for manufacturers to police themselves.

Champions of “tort reform” would cripple the system even as manufacturing becomes more complex and government more compromised. Let’s not go there.”

Attorney Binko makes several excellent points.  The NHTSA, the supposed watchdog of the car companies, has been asleep at the switch for years and has no real teeth.  These huge multinational car companies don’t give a flip about you or me or our families.  The only place you can hurt them is in the pocketbook.  The court systems of this country are the only place the average person can get justice from companies like these, the only place where the average Joes of the world stand on equal footing with the Toyotas of the world.  The next time someone mentions “tort reform” like its a good thing, think where you will go to obtain justice if it is your family that gets wiped out by a dangerous product that no one cared enough about to fix.

Thanks for reading,

_______________________________
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

I hate to say it, but car damage involving collisions, deer, snow and ice, floods, theft, vandalism, or other unfortunate events is much more common than any of us wish.  No one wants their car crashed, but since car damage tends to be an inevitable fact of car ownership, you need to know about the different types of car insurance that may (or may not) provide coverage.

What the REAL Questions Are:

• What do I do now that my car or truck has been damaged?
• Do I have insurance coverage for the damage?

Here are some tips to help you understand insurance and repair issues for your car or truck.  The information below is talking about coverage in New York but the coverage issues are similar in other states.  If in doubt about your state, talk to a knowledgeable agent or lawyer.

First, Notify Your Insurance Agent/Carrier of Your Damage ASAP

Because most insurance policies require prompt notification of any accident or damage as a requirement for coverage, you should immediately notify your insurance agent of the damage to your vehicle.  Make sure to document the date, time and person who you notified of the damage.  To be extra careful, it is a good idea to confirm your notice either in an e-mail or letter.  Better safe than sorry!

Once you have notified your agent, your experience will be shaped by the type of insurance coverage you purchased to cover any property damage to your vehicle.  Below is a discussion of some of the typical types of coverage:

Collision vs. Comprehensive Coverage

On your own car insurance policy, you can purchase insurance to protect your car from damage.

Collision Coverage protects you from accidents which are deemed your fault.  If you crash into another car, building, tree, etc., Collision coverage will pay to fix it.

Comprehensive Coverage protects you from damage to your car or truck caused by deer or other animal crashes, theft, flood, vandalism, or other events not involving collisions.  If your car is damaged by one of these events, your comprehensive coverage will reimburse you.

If you finance or lease your car, you will likely be required to purchase both Collision and Comprehensive coverage.  It is also a good idea to purchase this coverage if you have a relatively new car which would be expensive to repair or replace.  The cost of Collision or Comprehensive coverage can be reduced by increasing your deductible, which is the amount you have to pay yourself before the insurance company must start paying for damage or loss.

Glass Coverage

This coverage pays for damaged glass to your car and often this coverage has a $0 (zero) deductible.

GAP (Guaranteed Auto Protection) Insurance

If your car or truck is crashed and “totaled” (cannot be repaired for less than its value), then you might end up owing more to your bank or lease company than your insurance will pay you for your car.  Insurance must pay the Actual Cash Value (ACV) of the car, which is often much less than you owe because vehicles depreciate in value quickly.  GAP insurance will make up the difference so that you do not end up upside down on your loan or lease.  If the ACV is $10,000, but you owe $15,000 on your loan or lease, GAP insurance makes up the $5,000 shortfall.

Tips for Cars That Have Been Declared a “Total Loss”

If the insurance company decides that your car will cost more to fix than its ACV, it will be considered a “total loss.”  If the car was totaled because of a collision caused by another driver, you can make an insurance claim against that driver or with your Collision coverage.  Talk to your attorney and insurance agent to decide which would be best for you.

When your car is declared a total loss, consider the following:

• Tell the appraiser about recent repairs and special equipment on the car.  Make sure that all of your car’s options and upgrades have been included in the appraisal and the car’s condition was properly rated.
• Research car values and sales on the Internet.  Do not accept the first offer – negotiate a fair price.
• Insist on a fair number of days in the rental car to allow you to find a new car.

Tips for Fixing Your Wrecked Car

The insurance company may try to steer you to their “approved shop.”  Beware of the potential conflict of interest.  If the shop does substantial work for the insurance company, there may be a motive to cut costs in repairing your car.

You have the right to choose where your car will be repaired.  Get a referral from someone you trust.  Check references and research the shop’s reputation. With that said, I don’t mean to imply that all “approved shops” are necessarily bad. For example, Elm Chevy and Gary’s Body Shop are good examples of reputable dealers who work with State Farm, Allstate, Erie, etc.

Using an approved shop sometimes eliminates the need for an adjustor to come out and see your car, especially with small claims like deer or fender benders.  But YES, the customer can go anywhere they want to fix their car.

Also, be sure to ask what parts will be used in the repair, Manufacturer Parts, After-Market Parts (non-Manufacturer but new), or Used Parts from a junk yard.  Although your insurance policy usually governs what type of parts can be used, you have a right to know what will be used and why.

If the collision was the fault of another driver, you can choose to go through the other driver’s policy or your own Collision coverage to get the car fixed.  Talk to your insurance agent, attorney and body shop about which would be better given your situation.

Rental Car Coverage

Not all policies have rental car coverage, so it is important that you carefully review your policy to see the exact terms of your coverage.

My thanks to Peter Wallin at Wallin Insurance for his input on this post.

I hope this helps you understand the confusing world of car damage coverage.  Feel free to post any questions you may have in the comments below or E-mail me at jreed@zifflaw.com.

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.

I have handled many tragic cases involving pedestrians struck by cars. As might be expected when a car weighing thousands of runs over a fragile human body, death or multiple traumatic injuries are common.

A recent pedestrian fatality (the WETM story, “Man Hit by Car Dies” is pasted below) not two miles from my own home, got me thinking about just how careful we need to be when driving our cars.

Normally we think of our cars as transportation, or a status symbol, or a hobby if you are a car enthusiast. Rarely do we think of our cars as what they really are—CARS ARE KILLING MACHINES.

Used incorrectly or unsafely, cars can be as dangerous, if not more dangerous, than a gun or knife. When you are behind the wheel of a car, you have incredible power at your fingertips. You also have the potential to inflict incredible injury in a micro-second.

Because of that potential for harm, it is SO important that we all be as careful as possible when driving.

I know this sounds simple but I can’t tell you how many people I see driving who are not paying attention to what they are doing—they are talking on their cell phone, they are eating, they have a dog in their lap, etc. Not one of these people is thinking that they might be seconds away from killing an innocent pedestrian, running down a bicyclist or hitting another car.

These people aren’t necessarily bad people—they are just distracted people. Unfortunately, distracted drivers often cause deadly accidents.

Sorry to pontificate, but I just wanted to take a few minutes to remind everyone of the huge responsibility to the safety of others that we take on every time we put the key in the ignition of our car. Let’s be careful out there and save some lives…

Thanks for reading and stay safe on the road,

Jim
_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

From WETM: Man Hit by Car Dies (Update)

Reported by: Sofia Ojeda
Email: sojeda@wetmtv.com

West Elmira, (N.Y.) -  The name of the man killed while crossing a street in West Elmira Saturday morning, has been released.

At around 7:30 Saturday morning, deputies say 66 year old, Philip Childs, of Ohio, was walking on West Water Street and crossing Forrest Hill Drive.That’s when deputies say 41 year old David Joyce of Elmira hit Childs with his Chevy Suburban.

Investigators say witnesses saw Joyce leaving the Wilson Farm across the street when the incident occurred.

Childs was sent by ambulance to Arnot Ogden Medical Center, where he died from his injuries.

No word yet if any charges have been filed against the driver.

The accident is still under investigation.

As I have blogged many times before, there is nothing more tragic than the death of a child. And with three teenagers myself, I know the fear that creeps in to every parent’s heart every time they watch their kid walk out the door with the keys to the family car.

I thought I would let you in on a shocking statistic that I have heard many times during my years of handling car crash cases in NY and PA:

• A teenager is TWO TIMES more likely to die in a car accident if there is 1 passenger in the car.

• A teenager is THREE TIMES more likely to die if there are 3 or more passengers in the car.

So, the simple tip is this: PRACTICE TOUGH LOVE BY STRICTLY LIMITING THE NUMBER OF PASSENGERS PERMITTED IN THE CAR WHEN YOUR TEEN IS DRIVING.

Of course, your kids while whine about the rule but if they want the keys to your car (and you want to keep your kid as safe as possible!), just hold your ground on this potentially life-saving family rule.

If you catch them driving with more passenger than the permitted number, it’s time for a little bit more tough love… Enjoy your walking shoes for the next month, Johnny!

Here’s to keeping our kids safe….

Jim
_________________________________
James B. Reed
New York Car Accident Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

As a NY accident lawyer, I can tell you that there is nothing more difficult than to sit with parents who have lost a child in a fatal car crash.

Often these cases involve a teen driver who didn’t  have the experience or the maturity to safely drive a car. Often these teen car accidents involve carloads of teenagers – we all know all too well that peer pressure can result in unsafe driving activities, such as speeding and drinking and driving.

Now there is a great new New York state law that seeks to address these dangers by placing new restrictions on teen drivers in NY, the New York Graduated License Law for drivers under age 18. The law took effect on Monday, Feb. 22.

What does the new law do?

• It reduces from two to one the number of non-family passengers under age 21 riding in a motor vehicle operated by a junior license holder when not accompanied by a licensed parent or guardian
• Eliminates the limited use junior license and require that a junior permit be held for at least 6 months before a junior or senior license may be issued
• Increases the number of supervised driving hours before scheduling a road test from 20 to 50 hours, that includes 15 hours of driving after sunset.

WETM-TV reported on this new law in a news story, “More Strict Driving Rules for Teens.” In the WETM story, Chemung County Clerk Katie Hughes said of teens: “They are so busy now with all the stuff going on around them, kids in the car, people in the car, talking on the phone, texting which is against the law so they are really cutting down on this.”

The thought behind the new law

The New York State Department of Motor Vehicles released a Graduated Driving Law video explaining the changes in the law and offering an important explanation from DMV Commissioner David Swarts.

” The intent of this new law …  is to help prepare our young drivers for the life-long responsibility of driving. The rationale behind these changes is very simple. Motor vehicle crashes are the number one cause of death for teens. The crash fatality rate is highest for 16- to 17-year-olds within the first six months of getting their license. These changes strengthen the current law and address the main causes of teen driver crashes-distractions and inexperience.”

I’m sure there is going to be a lot of disappointment expressed in the halls of high schools across the state. But this law is an absolute necessity if if can cut down on the number of fatal car accidents for teens. Our state’s young people shouldn’t have their lives cut short in car accidents, and parents shouldn’t have to hear that their child is gone.

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.

In the aftermath of a NY auto accident you may think a lawsuit is the best means of achieving justice and receiving just compensation. Don’t be shocked to hear this from a lawyer, but there may be some compelling reasons NOT to bring a lawsuit.

I’ve been receiving the New York Injury Times online newsletter by Gerald M. Oginski, an experienced accident attorney practicing in the New York City area. Gerald has some great advice and he’s given his permission for me to repost a recent article from Gerald Oginski’s Blog. Be sure to visit www.oginski-law.com to read more of Gerald’s excellent advice on the topic or to request a copy of his book, “Secrets of a New York Medical Malpractice Lawyer.”

‘7 Reasons You May Not Want to Sue’

- by Gerald M. Oginski (originally posted at www.oginski-law.com)

If you were involved in a car accident, there’s an excellent chance that you would bring a lawsuit against the driver of the car that hit you. In this article, I explain 7 reasons why you may not want to bring a lawsuit if you were involved in a car accident:

1. You were not injured. You’d think this was self-explanatory, but it’s not. There are two types of claims you can bring in an auto accident. The first is a property damage claim for the damage to your car. The second is a personal injury claim which would be for the physical injuries you suffered, the medical expenses, your past and future pain and suffering, as well as lost wages and potential lost future wages.

2. Your friends will think you are greedy. Some people feel that the only reason to bring a lawsuit is because you are looking to “make money” off the system, and why not? It’s only the insurance company’s money. Other people don’t look at their injuries as a way to make money. They’d rather go to work and earn money the old-fashioned way by working for their income.

During a trial, a good trial lawyer can make the following argument when asking a jury to understand what his client went through and why he’s entitled to compensation:

Let’s suppose that this morning Mr. Jones put an ad in the newspaper and said he’d give away one million dollars, for free! Just show up at his door, and the first one there will get it. No questions asked. How many people do you think would sprint out their door and race to be the first one in line? Thousands of people would try. But …what if you placed certain conditions on getting that $1,000,000 dollars?

Let’s say now that the ad said that in order to get that one million dollars you had to be involved in a horrific head-on collision that ejected you from the car and you landed 30 feet from the car. How many people do you think would still be waiting on that line? A lot less than started. But what if the ad went further, and said that before you could get that money, you not only had to be involved in this terrible car accident, but you had to have suffered a fractured pelvis, shattered both of your femurs (the largest bone in your body – they’re the thigh bones) had to be placed on a respirator for 20 days, intentionally put into a medically-induced coma for 10 days, and had major reconstructive surgery to fix the broken bones. How many people do you think would still be standing on that line? Not very many, but maybe one or two very desperate souls.

What if we added a few more conditions on to that advertisement, so that in order to get that “free” million dollars, you had to learn how to walk all over again, you had to spend three months in a rehabilitation center, and had to have two more surgeries to fix complications and infections that happened from the original surgery. Then on top of that, explain that their daily activities would have to be forever changed and they could not play sports, run, jog, ski, play basketball, football and everything they liked to do before the accident. How many people do you think would still be standing at the door seeking that “free” million dollars? Nobody.

That’s what a good trial attorney tries to explain to a jury in a significant accident case. The money will help pay for medical bills and modifications to their home to ambulate. It will provide a safety net for the injured victim and their family. Anyone who thinks a seriously injured car accident victim is suing because they’re greedy should read this article. In addition, they should spend at least one day in a victim’s home watching them struggle with daily activities such as tying their shoes or buttoning their shirt. Only by showing someone the tremendous hardships you face will they realize how important it is to obtain full compensation for your injuries.

3. What good will the money do you? This is a famous defense attorney line. This is used during negotiations, and also used during summations. “Plaintiff’s attorney is asking for millions for his client. Think about this … what good will the money do him? He can’t use it. His medical expenses … sure, give it to him, he deserves it. But the millions he’s asking for? No way. His injuries prevent him from going out and spending such huge exorbitant amounts of money.

The reply to this argument is not what you think. As much as you’d like to shake some sense into the defense lawyer, this is a better approach. “Look, your client created the problems that my client suffered. He didn’t do anything to create this accident or his injuries that stem from this accident. My client has incurred medical expenses in the thousands of dollars. Who is going to pay for those expenses? Should he, or his insurance company, have to foot the bill for your client’s wrongdoing? I don’t think so. That only covers his medical expenses in the past. What about future medical expenses that he’s sure to have? You’ve got to cover that as well.

This doesn’t even begin to address the compensation that he’s entitled to for the suffering he’s endured from the time of the accident until today. Don’t forget about the future suffering he’ll have from his injuries and medical care he’s going to need to treat his ongoing problems. This is known as past and future pain and suffering. Thankfully for injured victims in New York, there is no cap on pain and suffering awards.

To answer the question above … it will do a lot for the injured victim and their family.

4. You don’t know a good New York lawyer anyway. If you don’t know a good lawyer, you should keep looking. There are many ways to find a good attorney. Importantly, you want an attorney who has handled many cases just like yours. You want someone with experience. The question of whether you want a big New York City firm, a small firm, or even a solo practitioner is simply a matter of personal preference. Keep in mind that whomever you choose, you must feel comfortable with him or her. Always ask, “Who is going to be handling your case day to day?” “Who will be appearing on your conferences with the Court?” “Who will appear at your deposition, and the depositions of the people you have sued?” “Who will be trying my case if it goes to trial?”

If you don’t mind many different attorneys handling different parts of your case, then you should have no problem going to a large firm.  If you want the same attorney to handle your case from beginning to end, you may want a small firm or experienced solo practitioner.

5. The chances of you recovering money are not good unless you have a significant injury. That may be true. If you have a minor injury, then your compensation will likely be minimal. If your injuries are significant, the compensation you may be entitled to may also be significant. Each case will differ. The answer also depends on where your case is venued – that is, which court it’s in. Is it in the Bronx or Brooklyn? Or is it in Westchester or upstate Albany?

If you don’t have any injury, or the injury was minimal, your case may be dismissed without ever getting to trial. Your injuries may not meet the “threshold” that is needed to continue your case. There are specific guidelines relating to the type of injury you must have to bring a case in the Supreme Court of the State of New York – which by the way, is the trial-level court.

6. The driver of the car that hit you will not like you if you sue him. My response is “So what?” Why would you care about what the other driver thought? You shouldn’t. The other driver was careless and his carelessness caused you permanent injury. If you want to live your life worried about what other people think, then you should re-think what you do on a daily basis.

A decision to sue someone isn’t about whether you’re popular or whether someone will or will not like you. It’s about your fundamental right to be repaid something that is owed to you. When a wrongdoer causes harm, he becomes obligated to pay you for your harm and the disability that he has caused. That’s an obligation we as a society recognize, not just in New York, but throughout the United States.

7. Your picture might appear in the newspaper. In most accident cases in New York your picture will not appear in the newspaper. Most cases are not deemed “newsworthy” by the local newspapers. They’re a common occurrence and unless it’s an extremely slow news day, or there’s something unusual about your particular case, it is unlikely your picture or your case will get any mention in the newspapers.

Conclusion

After reading this article you should have a better understanding of whether you should or should not bring a lawsuit if you’ve been injured in a car accident in the State of New York.

Thanks for reading, and thanks to Gerald for allowing the NY Injury Law Blog to post his advice!

- 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

Related articles by Zemanta

• NEW YORK CAR ACCIDENTS-Do You Even Need An Attorney? (medicalmalpracticetutorial.com)
• Six Mistakes That Could Ruin Your Accident Case (zifflaw.com)

Since Dec. 18, 2009, there is a new law effective in New York state: Leandra’s Law.

As a lawyer who has handled way too many tragic drunk-driving cases over the years, I applaud the New York State Legislature for enacting one of the toughest anti-drunk driving laws in the United States.

This law was inspired by a tragic drunk-driving fatality. According to news coverage of the accident, 11-year-old Leandra Rosado of Manhattan was killed on the way to a sleepover party. The accident happened in October on the Henry Hudson Parkway in Manhattan. Leandra and six other children were passengers in a vehicle that crashed. It was driven by the mother of one of Leandra’s friends. Unfortunately, this mother was driving while intoxicated. She ended up flipping her vehicle and killing Leandra in a horrible collision.

Leandra’s Law makes it a felony for anyone to drive drunk with a child under the age of 16 years old in the car. This new law automatically elevates what was a misdemeanor DWI to an E level felony if there is a child in the car.

Under this law, regardless of whether there is an accident or not, a drunk-driving adult can be sentenced to up to 4 years in state prison.  In the event there is a crash that injures the child passenger, the drunk driver can be sentenced to up to 15 years in state prison. If the child is killed in a crash, the drunk driver can receive a prison sentence of up to 25 years.

For all those who might argue that these penalties are too tough, I can tell you that if you have ever sat with the family of a child who was killed as a result of a drunk driver these new penalties aren’t nearly tough enough.

I am a weekly commentator on WETM TV’s Law Talk segment, and on Dec. 30 I was asked to discuss Leandra’s Law.

The producers at WETM TV field questions for my Law Talk segment. It airs each Wednesday at noon. If you have a question, a problem, or you would like to hear my thoughts on legal developments, please e-mail lawtalk@wetmtv.com.

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.

Safety-conscious adults realize that driveways and parking lots are danger zones for children, but I was surprised by some recent information I read about the extent of the risk.

A recent InjuryBoard newsletter included details from Kids and Cars, a non-profit advocacy group that hopes to end non-traffic car accident injuries to children. According to the organization, today’s large SUVs and trucks may have a rear blind-spot up to 50 feet long! The average age of a child involved in a back-over accident is between 12 and 23 months. Compounding the tragedy, statistics show that in more than 70 percent of such accidents, a parent or close relative is driving the vehicle.

I personally have handled several cases of kids badly hurt by driveway accidents. It is ALWAYS a good idea to be very careful when driving into or out of driveways. We all know that young kids are unpredictable and have no conception of just how dangerous a car can be.

Here are 15 tips from Kids and Cars to protect children from driveway back-over accidents:

1. Walk around and behind a vehicle prior to moving it.
2. Know where your children are. Make kids move away from your vehicle to a place where they are in full view before moving the car and know that another adult is properly supervising children before moving your vehicle.
3. Teach children that “parked” cars might move. Let them know that they can see the vehicle, but the driver might not be able to see them.
4. Consider installing safety devices: cross-view mirrors, audible collision detectors, rear-view video camera and or some type of back-up detection device.
5. Measure the size of the blind-zone area behind the vehicle(s) you drive. A 5-foot, 1-inch driver in a pickup truck can have a rear blind zone that is approximately 8 feet wide and 50 feet long.
6. Be aware that steep inclines and large SUVs, vans and trucks add to the difficulty of seeing behind a vehicle.
7. Hold children’s hands when leaving the vehicle.
8. Teach your children to NEVER play in, around or behind a vehicle.
9. Keep toys and other sports equipment off the driveway.
10. Homeowners should trim landscaping around the driveway to ensure they can see the sidewalk, street and pedestrians clearly when backing out of their driveway. Pedestrians also need to be able to see a vehicle pulling out of the driveway.
11. Never leave children alone in or around cars, not even for a minute.
12. Keep vehicles locked at all times, even in the garage or driveway, and always set your parking brake.
13. Keys and/or remote openers should never be left within reach of children.
14. Make sure all child passengers have left the car after it is parked.
15. Be especially careful about keeping children safe in and around cars during busy times, schedule changes and periods of crisis or holidays.

Change is in sight

In February 2008, The Cameron Grubransen Kids Transportation Safety Act was signed into law by President Bush. Two-year-old Cameron was killed in a back-over accident. His father was driving the family’s SUV, and did not see Cameron in the vehicle’s blind spot.

The tragedy inspired legislation which enables the National Highway Transportation Safety Administration to require safety improvements in new vehicles – features including rear-view cameras, automatic shutoffs on power windows, and brake improvements to prevent rollaway cars. All will help prevent injuries to children – amazingly, many of these features are standard on vehicles in Europe.

It may take 4 to 8 years for the Act to have an impact. Even as vehicles improve, ultimately the safety of children depends on drives. It is important that we, as the adult drivers, be extra cautious particularly when we know that there are kids in the area. As always, simple precautions can prevent serious injuries.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
NY Accident Lawyer
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.

In New York state, more than 27% of the car accidents in which someone is killed involve at least one driver who is impaired by alcohol.

That statistic really did shock me. When I think of all the possible causes of car accidents – bad road conditions, poor visibility, vehicle problems – it’s extremely sad to think that close to a third of road fatalities are linked to a condition that is totally under individual control. From an early age, even children know you don’t drink and drive.

I started to think about this topic for two reasons: One, I keep tabs on the Day On Torts blog by attorney John Day.  Last week John posted an entry about his state, Tennessee, and the prevalence of alcohol-related vehicle accidents there. John related how the National Highway Traffic Safety Administration tracks detailed accident information for every state. So, of course, I went to check out New York’s figures.

According to the NHTSA’s National Center for Statistics and Analysis, there were 1,231 people killed on New York state roads in 2008. Of those fatalities, 341 of them involved at least one driver who had a blood alcohol level of 0.8 or greater.

The second reason: It’s the season.  A big part of the holidays are festive gatherings of colleagues, families and friends. Many adults enjoy raising their spirits with spirits – and as John says, “No one is saying that you should not be able to enjoy the holiday season and that, if you are an adult, you cannot enjoy alcohol as a part of celebration of the season.”

Who would deny his final point: “You have no right to place the lives of others at risk because you choose to operate a vehicle while you are impaired.”

It’s simple. Act responsibly – plan a place to stay, designate a sober driver, keep that cab company card in your wallet. Take steps while you are in a clear state of mind and the preparation will serve you well when your thinking might be clouded by alcohol.

Nationwide, 11,773 people died in alcohol-related crashes in 2008. Do what you can this holiday season to act responsibly and get others to do so as well. Hopefully the effort will pay off in much lower numbers when the NHTSA tallies up 2009.

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

As a personal injury attorney who handles a LOT of motorcycle crashes, I feel confident in saying that one of the greatest dangers to bikers is turning vehicles. As every biker well knows, people in cars just don’t see bikers; they turn in front of them and cut them off not because they are malicious, but bikers just don’t register on their radar. The majority of the motorcycle collisions I handle in New York and Pennsylvania involve cars turning in front of motorcycles, and unfortunately, these types of accidents often involve VERY significant injuries. When a car turns in front of a motorcycle, there is often nothing the biker can do to avoid a collision. The biker sometimes tries to get around the car, lays the bike down, or drives off the road entirely to try to avoid the collision, but the end result is usually the same: a seriously injured biker.

A recent incident in the city of Elmira illustrates my point. On November 17, 2009, a biker proceeding north on Clemens Center Parkway ended up in a collision with a pickup truck owned and operated by Judson Route of Roaring Branch, PA. The Judson vehicle was heading South on Clemens Center Parkway, and turned left onto East Water Street when the biker was so close to the intersection that he could not avoid a collision. The Elmira Star Gazette covered the incident here.

I’m sure Mr. Route didn’t mean to pull in front of the biker. I’m sure Mr. Route is a pleasant enough fellow who would never dream of intentionally causing a collision. But that is the risk bikers face every time they get on their motorcycle; some wonderful person could have a moment of inattention which fundamentally alters the life of the biker and his or her loved one.

To our biker friends, ride like you are invisible, because too many times you are!

To make sure bikers buy the right kind of insurance coverage to protect themselves and their famlies in the event of a crash, I wrote a book entitled “Would You Ride Your Motorcycle Naked?” My book is available FREE to New York and Pennsylvania bikers, and to those whose loved ones are bikers. Click the link above to get your free copy now, before it is too late!

Thanks for reading,
_______________________________
Adam M. Gee, Esq.
NY and PA Motorcycle 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