NY Accident Attorney Discusses Ideas to Prevent Accidents among Elderly Drivers

Posted on February 22, 2012 by Christina Sonsire

NBC Nightly News recently featured a story highlighting accident rates among elderly drivers.

It is something with which so many of us can identify: the independence that comes with driving a car. It is this feeling of freedom, however, that can often be the cause of safety concerns among elderly drivers.

NBC Nightly News broadcast a report last week entitled, “Too Old to Drive?” The segment featured some alarming statistics: according to the most recent studies, 600 drivers over age 65 are involved in an accident every day in the United States. Nine of those drivers die.

In a world in which drivers aged 65 and older are one and a half times more likely to get into an accident than middle-aged drivers, it is time to acknowledge the gravity of these facts and work to take action to prevent accidents. Americans aged 65 and over are the fastest growing age group in the country. By 2030, these citizens are expected to be 25% of the driving population. In his or her own small way, each person can work to ensure that this 25% is responsible and safe.

It is important to acknowledge that I want to avoid blanket statements; not all elderly drivers are inherently unsafe. It can be challenging, however, to gauge when and if the time comes to surrender the keys to a car— and the freedom and confidence that comes with it.

It is important to take precautions: if you have a loved one whose driving concerns you, ride along with them. Look for a slow reaction time, the driver getting lost, or trouble merging. This can help you to engage in an honest, open discussion.

Another great way to better ensure safety is stricter state restrictions in regard to elderly drivers. 33 states, including Pennsylvania, have enacted tougher driving requirements for elderly drivers. By giving a basic driving test or having people answer simple health questions, an objective, official opinion can be brought into a family’s discussion about safe driving. This is a great step to avoid accidents, and I hope that New York follows Pennsylvania’s example.

The topic of when to take the keys away is incredibly difficult. It involves so many emotions and a sense of pride and independence. I can certainly empathize with this, but I hope that the above statistics are a wake-up call and a reminder of what is truly at stake when a driver of any age gets behind a wheel. Discussing driving with an elderly loved one may be hard now, but I sincerely believe that it can save lives.

Thanks, Christina

_________________________________
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

With Tougher Penalties for Distracted Driving, a Greater Chance for Safety

Posted on February 14, 2012 by Christina Sonsire

A new New York State law with harsher penalties for texting while driving could help to increase safety on the roads.

A recent front-page article in the Elmira Star-Gazette delivered some excellent news; in fact, the headline says it all: “Tickets for Texting Soar.” Indeed, under a recent law, drivers caught using electronic devices while driving could face a $150 fine and three points on their driver’s licenses.

In the article, Barbara Fiala, commissioner of the state Department of Motor Vehicles, said, “We currently have one of the strongest anti-distracted-driving laws in the country.” Last July, a state law made texting a primary offense, meaning that a police officer could pull someone over if the officer suspected texting behind the wheel. And in a state where more than 570 tickets were issued in Chemung and Steuben County alone for cell phone and texting violations over the past 7 months, taking even greater measures to crack down on distracted driving will, true to Ms. Fiala’s words, help to better ensure our local status as having one of the “strongest”- and safest- “anti-distracted-driving laws in the country.”

As an accident attorney, I could not support this new law more. Cell phones- and the temptation to use them while driving- are a prevalent part of everyday life. This legislation and the penalties it will inflict are a wonderful reminder of just how important it is to drive safely and just how much one can stand to lose by driving distracted (and, as I see on a regular basis, it is a lot more than a $150 fine!).

The article included an especially poignant statistic: according to the National Highway Traffic Safety Administration, more than 5,400 people were killed and almost 450, 000 were injured nationwide in crashes involving distracted-driving in 2009. What these incredible statistics may not portray, however, is the depth of the suffering for those involved. The legislators behind the new texting and driving law made their decision about the specifics for the new law after hearing testimony from local officials and residents, including Jacy Good. Miss Good, of White Plains, lost her parents and the use of one arm in a 2008 Pennsylvania distracted driving crash. She missed her parents’ funeral because she was in a coma.

Please learn from Miss Good’s story. If hearing about the suffering of distracted driving accident victims is not enough, instead take heed from the potential penalties of this new law. It will save lives- and hopefully bring a sense of justice to people like Jacy Good.

Thanks, Christina

NY Attorney Offers Advice on Technology that Helps Keep Teens Safe While Driving

Posted on February 13, 2012 by Christina Sonsire

As an accident attorney, I could not help but laugh when I saw this Close to Home comic. Throughout my daily work, I meet many teenage victims of accident cases, so I understand the importance of not driving distracted. Therefore, while this comic is funny, it also got me thinking: is there a better way for parents to ensure the safety of their teen drivers— without going to the extremes of this mother and her driving gloves?

Recently, I have come to find a surprising source of comfort for the anxiety that having a teenage driver may provoke: technology. Indeed, those same cell phones that can cause so much potential for reckless and distracted driving can also be a powerful tool that can help keep young adults safe and accident-free.

Last November, my colleague Jim Reed wrote a blog post, which can be seen here, praising the Pennsylvania House of Representatives for banning texting while driving. Like Jim, as an accident attorney, I cannot say enough how much I agree with that decision. I am, however, also realistic in realizing that, like so many adults, teens are often glued to their cell phones. Even though there are laws in place banning texting and driving, the temptation is still there. That is why many parents may find a recent USA Today article, entitled “Devices Target Distracted Driving,” interesting; it cites cell phone apps or other forms of technology that can allow parents to stop their teen from texting, surfing the Internet, or even talking on their cell phones while they are driving.

Inspired by the USA Today article, here are three tools that can help keep your teens safe:

1. Cellcontrol- available for $7.95 a month for up to six phones, this in-car port stops drivers from gaming, searching the Internet, and receiving texts and phone calls while driving. You can see a video of how Cellcontrol works here.

2. iZup- a cheaper alternative to Cellcontrol, costing $20 annually, this blocks cell phone use while a car is moving, even disabling it at stop signs and red lights, often taking several minutes to disable after a car stops moving.

3. iCar Black Box App- In the event of an accident, this 99 cent app acts as a black box, recording a video during the accident that you can then access later.

Indeed, today the phase “There’s an app for that” can apply to so many varied topics, including everything from pet first aid to emergency flashlights when it comes to accident scenes. I deal with many families with teens who have been deeply affected by the terrible physical and emotional pain that car accidents can cause, and I can only hope that new technology can help prevent similar trauma in the future.

Even if these tools do not work best for you and your family, I encourage everyone with teenage drivers to stay safe, talk to your kids about their driving habits, and keep up to date with New York State teen driving laws.

No matter how you choose to protect your family while they drive, I hope that everyone stays safe this winter— preferably without having to wear “no-text driving gloves”!

Thanks, Christina

_______________________________
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

Identifying Drugged Drivers- and Saving Lives

Posted on February 1, 2012 by Christina Sonsire

The car above is a result of a druuged driving accident. Giving police the tools they need to learn how to identify drugged drivers could save lives by helping to avoid accidents.

A recent article by Michael Gormley in Binghamton’s Press & Sun Bulletin details efforts by Senators Charles Schumer (NY) and Mark Pryor (AR) to create federal funding to train police officers to identify drugged drivers.

What is Schumer’s reasoning for this measure? In the article, he says, “With the explosive growth of prescription drug abuse, it’s vital that local law enforcement have the tools and training they need to identify those driving under the influence of narcotics to get them off the road.” Indeed, a 2009 report showed that 10.5 million Americans acknowledged that they had driven under the influence of drugs. Drugged driving arrests have risen 35 percent inNew York since 2001. The National Highway Traffic Safety Administration found that in a 2009 test, a third of over 12,000 drivers who died in car crashes had used drugs.

These startling facts from the Press & Sun Bulletin article show the widespread dangers of drugged driving. Perhaps an even more alarming part of the article, however, is the fact that police have no approved equipment to help identify drugged drivers. This is a problem that desperately needs to be addressed, and I commend Senators Schumer and Pryor for working on it.

I could not agree more with the work that Senators Schumer and Pryor are doing to try to give police the training they need to detect drugged drivers. It may cost money now, but it will save countless lives later. I work with many accident victims, and it pains me to think that their pain and suffering may have been alleviated if there was a better system in place for apprehending drugged drivers. This measure, if passed, is a great step in the right direction.

So, whether it is cocaine or cough syrup, drugged drivers beware- measures are finally being taken to better allow safety to rule the roads.

Thanks, Christina

Pedestrian Safety Tips to Prevent what Elmira Police Chief Calls “Preventable Accidents”

Posted on January 27, 2012 by Christina Sonsire

Jim Reed wrote a blog post on Wednesday about two pedestrian accidents on Clemens Center Parkway in Elmira. His post underscores a message from Elmira Police Chief Michael Robertson who, in WETM TV coverage said, “These accidents are preventable. Every one of them is preventable. People need to take time to stop, look, and listen.”

While Jim’s post emphasized the importance of not driving distracted, what are measures that pedestrians can take to avoid accidents?

Here are some standard tips for pedestrians to avoid accidents:

Just like drivers, don’t walk or bike distracted! Talking on a cell phone will only distract you if cars come speeding toward you or if a traffic signal changes.
Take your time. I know this is easier said than done, but studies have shown that most pedestrian accidents occur simply because the pedestrian was in a hurry to cross the road. Taking your time and waiting until the road is absolutely clear could literally save your life.
Stay visible. If walking or biking at night, be sure to wear reflective gear.
If there is no sidewalk, walk on the left side of the road, facing traffic. Try to cross at crosswalks or marked walkways.
When walking on sidewalks, remember to watch out for cars backing out of driveways.
Always double check the road before crossing. Make eye contact with drivers before crossing a street to ensure they stop.

Over 5,000 pedestrians die each year in the U.S. because they are hit by cars or bikes. Most of the victims are children, so the importance of sharing these simple tips with your kids and teaching them basic safety tips cannot be understated.

We have all seen pedestrians breaking traffic rules or putting themselves in dangerous positions on the roads. The recent pedestrian accidents on Clemens Center Parkway, however, show that many people drive distracted and it is important for both drivers and pedestrians to, in the words of Elmira Police Chief Michael Robertson, “stop, look, and listen.” Even though pedestrians have the right of way, you can never be too careful!

Thanks, Christina

_________________________________

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

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

Posted on January 25, 2012 by Jim Reed

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

NY Attorney Offers 5 Great Tips for Safe Winter Driving

Posted on January 23, 2012 by Christina Sonsire

While we have been enjoying some warm weather lately here in the Twin Tiers, weather advisories and recent headlines detailing local car accidents serve as reminders of the importance of safe driving. So, as temperatures drop and the danger on the roads increases, here are some top tips for safe driving this winter:

Make sure your car is winter ready- Before the biggest winter storms hit, make sure that your tires have plenty of tread, your windshield washer fluid is of a no-freeze variety, your wipers work properly, your oil is changed, and your coolant is topped off and ready for Elmira weather.
Keep a well-charged cell phone with you when you travel- It is always a good idea to take this precaution. While we know it is dangerous to text and drive, in the event of an accident, a cell phone could just be the thing that saves your life.
Leave early and give yourself room on the road- While this may seem like common sense, I know how tempting it can be when you are running late and want to speed to go to your destination faster. It never hurts to leave extra room between you and the cars around you and to drive slowly- even if it means you get to your destination a few minutes later.
Don’t drive distracted- While this is definitely an important driving point all year round, it never hurts to be reminded to always keep both eyes on the road and both hands on the wheel. Driving with your headlights on and your mind focused on the present are especially important in winter driving.
Have an emergency kit in your car- There is an old saying that says, “Hope for the best but prepare for the worst.” This holds true when traveling in inclement weather. Having supplies such as jumper cables, an ice scraper, a flashlight with extra batteries, a blanket, extra warm clothing, water, matches or a lighter, a first aid kit, basic tools, and flares are a great idea. In fact, many local stores sell kits or winter-ready variations of these supplies, such as mini flashlights or travel radios. You can also put non-perishable food in your kit, such as energy bars, candy bars, hard candies, dried fruit, jerky, and granola bars, but you may have to resist temptation of qualifying that hunger on the way home from work as a call for the emergency food kit!

Dealing with so many accident cases and reading tragic recent headlines about such people as 10-year-old Taylor Estrella of Maine, NY, who passed away when her grandmother’s car hit a recycling truck and David Wilkins, an Elmira man who died in a crash on Route 13, are reminders of the dangers that we all face when we pick up the keys and get into our cars in the winter. No matter what your top driving precautions are this winter, I hope these friendly tips can help to keep you and your loved ones safe this season.

Thanks, Christina

Maps Of Road Fatalities A Reminder Of Toll Of Distracted Driving, Says NY and PA Accident Lawyer

Posted on December 7, 2011 by Jim Reed

Check out where fatal accidents have occurred in your community in recent years.

A United Kingdom transportation company has created a website that allows anyone to track road fatalities in the United States by location, including in Elmira, Corning and the Twin Tiers.

You can find the exact scene of an accident that led to a death between 2001 and 2009. I drilled down to the local fatalities in Elmira, Horseheads, and Corning and learned that I handled a large number of the wrongful death cases displayed on the local map.

I have worked on many cases in the last 26 years, and each of the little dots is a reminder of what I know to be devastated family and friends. … The 14-year-old cyclist mowed down by a hit-and-run driver, the elderly pedestrian hit by a driver who admitted she was busy adjusting her radio and on and on ….

It’s very unsettling and sad.

But it’s important that everyone take a look at the map of their community. Notice where people died when you look at the map of Chemung County — Lower Maple Avenue in Elmira, County Route 64 in Big Flats, Interstate 86 and the Miracle Mile (Corning Road) in Horseheads. Look at the grouping of fatalities, on I-86, Route 352 and Route 64. Those are high-traffic areas where everyone should be their most vigilant. Those should be no-distraction zones, and that means turning the radio or CD down, too!

Some of the fatalities were pedestrians, some were drivers or their passengers, and some were on motorcycles or bikes. Yes, it’s important to know where the most dangerous spots are in Watkins Glen and Southport and Pine City, then south to Towanda, Sayre and Athens, Wellsboro and Mansfield.

But there is a larger lesson here.

The maps serve as a stark reminder to all of us to SLOW DOWN and PAY ATTENTION TO THE ROAD. Shut off the cell phone. Cut down the chatter. Be vigilant. Live in the present.

Respect the lives of others, and be mindful of the dangers around you. Distracted driving kills. Next time you’re on the road, think of the people lost in accidents on that map.

Please have a safe and joyous holiday season free of heartbreaking accidents.

Thanks for reading.

Thanks, Jim

_________________________________

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

PA To Ban Texting While Driving, Says NY and PA Accident Lawyer

Posted on November 3, 2011 by Jim Reed

Pennsylvania has cracked down on drivers who text, but its ban does not go far enough.

There is more great news this week on the texting while driving front.

Pennsylvania will follow New York’s lead and outlaw the ultra-dangerous texting while driving. As lawyers who handle car accident cases in both PA and NY, we are very pleased to see this change in PA law!

See the story here.

It’s a great but late start. Unfortunately, the legislation does not go far enough! Yes, the new law, to take effect 120 days after Gov. Tom Corbett signs it, does outlaw texting while driving. But the Pennsylvania House, in an indefensible move, will continue to allow distracted driving by allowing drivers to use cell phones without hands-free devices.

In September, I wrote about New York cracking down on drivers who text. New York outlawed talking on cell phones without hands-free devices years ago! The state toughened its texting while driving law in July by increasing penalties, then in September, police agencies targeted violators, sending a message to drivers: Get your eyes back on the road!

The new law in PA makes texting behind the wheel a primary offense (just like NY), so police can pull you over for that violation alone. The penalty is $50. Police, however, will not be able to seize cell phones or other devices.

PA motorists can still talk on cell phones without hands-free devices, despite years of attempts by the PA Senate and some PA House lawmakers to outlaw it, The Associated Press reports. Nine states, including New York, have such bans.

According to AP, the bill that passed the Senate in June banned texting and talking on a cell phone without a hands-free device. But after the House approved the texting ban on Monday, House Majority Leader Mike Turzai, R-Allegheny, said that his chamber would continue to consider a ban on talking on cell phones.

Can Mr. Turzai explain why they need to CONTINUE to consider the ban on cell phones without hands-free devices? What is the argument?

The AP also said Corbett last week signed into law tougher new regulations for teen drivers, including limits on how many passengers they can carry and more stringent training requirements.

OK, drivers and passengers in Sayre, Towanda and the Twin Tiers: Should PA approve that last piece of legislation and ban all electronic distractions for drivers?

Please add your voice below in the comments section. I want to know what you think!

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

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

Posted on October 19, 2011 by Jim Reed

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