UPDATE: More Elmira Pedestrian Accidents …. It’s Time for Drivers to Wake Up and Watch Out for Walkers and Bicyclists

Two accidents involving pedestrians in the last 24 hours in Elmira serve as a stark reminder of the dangers facing pedestrians from inattentive or distracted drivers!

First, a mother and her 1-year-old child were injured, then a 17-year-old girl was struck 45 minutes later!

In the Elmira/Corning area where I live, there seems to be a growing trend of cars and trucks hitting pedestrians and bicyclists. I think this is a combination of more walkers/bikers and more cars/trucks sharing the roads together with a huge increase in the number of distracted drivers on the road.

These drivers are distracted by phones, radios, texting — or they are simply not paying attention.

In both Elmira pedestrian injury cases, the pedestrians were crossing the four-lane Clemens Center Parkway, which is a nightmare for pedestrians because they have to move quickly to get across safely before the light changes.

How many times have we seen pedestrians stranded unsafely in the middle of an intersection, waiting for the light to change again? This problem is especially obvious on a road like the Clemens Center Parkway, where the road is four lanes wide and there is a higher speed limit.

BUT REMEMBER:  NY LAW REQUIRES A MOTOR VEHICLE TO YIELD TO A PEDESTRIAN!  So regardless of the color of the light, if you see a pedestrian on the road, follow the law and give them a safe distance.

In one of the accidents, a mother and her 1-year-old child in a stroller were struck. They suffered minor injuries, police said.

According to news reports, the first accident occurred at about 8 p.m. Tuesday at the Clemens Center Parkway and East Fifth Street, Elmira, NY. The mother and child were transported to Arnot Ogden Medical Center and the driver of the pickup truck accused of striking them, Clayton Stevens of Lowman, was charged with Failing to Yield and Driving with a Suspended License.

A 17-year-old girl was hospitalized with internal injuries and possible broken bones after a second accident 45 minutes later involving a pedestrian at the Clemens Center Parkway and South Avenue on Elmira’s Southside. She is being treated at Robert Packer Hospital in Sayre. Police said the investigation continues.

See the news reports from WETM-TV and the Star-Gazette.

Remember the 17-year-old girl, and the mother and her 1-year-old child, the next time you’re driving on Clemens Center Parkway and SLOW DOWN. As you approach intersections, even if you have a green light, scan both sides of the road for pedestrians. Remember there may be people still trying to cross the road!

Finally, FOCUS ON THE ROAD — not your text messages or your missed phone calls or talk radio or talking with your passengers.

Someone else’s life may depend on you paying attention to the road!

Thanks for reading.

Thanks, 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

 


ELMIRA ATTORNEY BREAKS DOWN NEW YORK BAD FAITH CASE

New York supreme court

New York State Supreme Court Judge Arthur Schak just might win the award for “Most Entertaining Decision in 2011″.  Of course, It doesn’t hurt that Judge Schak’s decision from King’s County in Taveras v. American Transit Insurance Company, 2011 NY Slip Op. 51831, does outstanding justice by holding an insurance company accountable for bad faith practices — something that happens all too often but is rarely brought to light.

This is how the decision begins:

In this insurance bad faith action the conduct of defendant AMERICAN TRANSIT INSURANCE COMPANY (AT) reminds the Court of the testimony given by Jack Nicholson’s character, Marine Colonel Nathan Jessup, in the 1991 film, A Few Good Men. When examined by a defense attorney, the Tom Cruise character, Navy Lieutenant Daniel Kaffee, about whether Colonel Jessup ordered the hazing of a Marine, which went awry, at the Guantanamo Bay Naval [*2]Base, the lawyer and witness had the following colloquy:

Col. Jessup:You want answers?

Lt. Kaffee:I think I’m entitled to them.

Col. Jessup:You want answers?

Lt. Kaffee:I want the truth!

Col. Jessup:You can’t handle the truth!

Defendant AT, in the instant action, refuses not only to acknowledge the truth, but to handle the truth!

The gist of the case is that American Transit represented for many years to several people injured in a car wreck that it insured the driver who caused the crash.  At trial, the injured people said they were willing to settle the case within the amount of the negligent driver’s policy.  However, the company refused to settle despite overwhelming evidence in favor of the injured people.  At the end of trial, the jury returned a verdict far, far in excess of the negligent driver’s policy.

The result?  An award of $2,250,000 for the driver against his own insurance company for bad faith. 

This type of bad faith activity is not exclusive to New York City.  In Upstate New York, prosecution of our auto and injury cases also include fights with insurance companies as they attempt to engage in bad faith practices too frequently, keeping injured people from receiving due compensation and putting negligent parties at great financial risk.

Great job, Judge Schak.  It’s about time these companies were held accountable.

Thanks for reading!
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

 



Easy Way To Save 10% On Your Car Insurance, Says NY Accident Attorney

An online driving course in New York State offers motorists many benefits.

Online driving courses make sense for all motorists. Successfully completing a course (on your schedule) in New York State will lower your insurance premiums a minimum of 10 percent for three years, may reduce four points on your license (if you have violations) and will refresh your skills.

Like most people, I took the online course to lower my insurance premiums, but I found the course very informative and educational.

Insurance.com says that if you’re between 16 and 25, you can save about 15 percent each year on your auto insurance for taking a defensive driving class, and those over the age of 55 can get a discount of 5 percent.

According to the blog Lifehacker, online courses are about $35, depending on the type of class you have to take, and they usually take four to eight hours. They often give you several weeks to finish the course. Each time you sign in, you’re returned to where you last worked.

The New York Department of Motor Vehicles has a great website about its Point & Insurance Reduction Program. Please check it out.

Also check out the state’s list of approved courses.

Drivers in Elmira, Corning and the Twin Tiers can save some money – and make our roads safer for everyone – by taking an online course. It’s that easy. Save money and save lives. That’s a great combination!

Have you taken an online driving course? What tips do you have for my readers? Did you find the course challenging? Please share your thoughts with your neighbors!

Thanks for reading.

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