What Twin Tiers Drivers Need To Know About Roundabout Safety

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Roundabouts have arrived in the Twin Tiers, and the circular intersections have confused many drivers.

Most drivers who rarely see roundabouts have had to learn to (1) slow down as they approach and be ready to yield, and (2), yield to traffic already in the roundabout as they prepare enter.

radialMotorists will find roundabouts on state Route 13 in Horseheads, at Franklin Street and Old Ithaca Road, and a new one in Newfield on Route 13. Many Chemung County-to-Ithaca commuters have learned to navigate roundabouts because they are a daily fact of life.

There are also two small roundabouts on Maple Avenue on Elmira’s Southside, and soon, the city of Elmira will have a high-profile roundabout on North Main Street just south of Elmira College, one of the high traffic areas in the city. The city is still lining up funding for construction of that roundabout after initial bids came in too high.

In this era of aggressive driving, it’s hard to get motorists to slow down and yield, so as we see more roundabouts, we could see more crashes.

The biggest lesson for Twin Tiers drivers? As you approach a roundabout, be prepared to yield to vehicles already in the roundabout when you arrive.

Many motorists shake their heads and argue that roundabouts aren’t needed, that traffic lights and stop signs work just fine, but transportation and highway safety officials say they are safer. Especially for left-turning traffic.

Andy Avery (WETM)

Andy Avery (WETM)

Andy Avery, the commissioner of public works for Chemung County, knows why roundabouts make sense for the Twin Tiers. Roundabouts, for one, have fewer conflict points in comparison with conventional intersections, he said.

“The potential for hazardous conflicts, such as right-angle and left-turn head-on crashes, is eliminated with roundabout use,” he said. “Additionally, roundabouts eliminate the vast majority of 90-degree and head-on crashes. Crashes are low speed and at an angle, generally reducing severity and damage.  Roundabouts eliminate most stopping situations for vehicles, increasing efficiency of the intersection, and reducing pollution caused by vehicle idling.”

Roundabouts are a relatively new way of designing intersections in our area, Avery said, so confusion and frustration are common reactions for motorists new to roundabouts.

“Drivers unfamiliar with roundabouts should take the time to read the signage and slow down,” he said. “The biggest challenge for drivers has been the realization that the perceived main route doesn’t always have the right of way.”

So, for example, if you are approaching a roundabout on Route 13, that doesn’t mean you have the right of way. If someone is in the roundabout as you approach, you must yield to them.

The roundabout is the best option for the North Main Street project in Elmira, Avery said.

“The roundabout will solve an oversized, multi-approach intersection (with a crash history) by creating a logical and safer progression through the intersection,” he said “It will reduce 90-degree crashes, lower speeds, and provide for easier access from the side streets.”

According to statistics reported by the Federal Highway Administration (FHWA) in the U.S. Department of Transportation, roundabouts result in:

  • More than 90 percent reduction in fatalities.
  • 76 percent reduction in injuries.
  • 35 percent reduction in all crashes.
  • Safer intersections for pedestrians because of the slower traffic.

Also from the FHWA:

“Roundabouts can provide lasting benefits and value in many ways. They are often safer, more efficient, less costly and more aesthetically appealing than conventional intersection designs. … The FHWA Office of Safety identified roundabouts as a Proven Safety Countermeasure because of their ability to substantially reduce the types of crashes that result in injury or loss of life. Roundabouts are designed to improve safety for all users, including pedestrians and bicycles.

“Most significantly, roundabouts REDUCE the types of crashes where people are seriously hurt or killed by 78 percent to 82 percent when compared with conventional stop-controlled and signalized intersections.”

Learn more about roundabouts from the FHWA, the New York State Department of Motor Vehicles, the Pennsylvania Department of Transportation, and the Insurance Institute for Highway Safety (includes a great Q&A).

Also download this PDF from FHWA: Safety Aspects of Roundabouts.

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 & 2019 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


Danger Zones: Our Unsafe Roads and What You Can Do To Be Safer

car-accidents-on-the-rise-nationwide_0The latest motor-vehicle crash statistics from around the world down to the counties in the Twin Tiers remain grim, but there are a few bright spots in New York and Pennsylvania.

The number of traffic-related deaths worldwide reached a high of 1.35 million in 2016, according to news reports about the World Health Organization’s 2018 Global Status Report on Road Safety.

Capture1Although the report points out that progress has been made in certain areas, such as legislation, it has not happened quickly enough to meet the UN’s goals to halve road traffic deaths between 2016 and 2020.

Closer to home, New York and Pennsylvania roadway statistics continue to show how dangerous our roads are. And with the winter months ahead of us, dangers grow on our roads.

The numbers are eye-opening.

From the latest New York State report,
for the years 2012-2014:

On average there were 1,098 deaths each year due to motor vehicle traffic-related injuries, killing 5.6 of every 100,000 New Yorkers. The rates were highest for males and New Yorkers ages 65 and older followed by those 20 to 24 years old.

The rate of deaths due to motor vehicle traffic-related injuries decreased from a high of 8.4 per 100,000 residents in 2001 to a low of 4.9 in 2014.

On average, there were 12,093 hospitalizations each year due to motor vehicle traffic-related injuries, hospitalizing 61.5 of every 100,000 New Yorkers. The rates were highest for males and New Yorkers ages 20 to 24 years old, followed by those 65 and older.

41LFZQwEf1LThe rate of hospitalizations due to motor vehicle traffic-related injuries has decreased from a high of 87.5 hospitalizations per 100,000 New Yorkers in 2002 to 57.0 in 2014.

BY THE NUMBERS:

2017 national crash overview

Early 2018 national crash overview estimate

NY crash data summary 2014

PA 2017 crash statistics overview

On average. there were 136,913 emergency department (ED) visits each year due to unintentional motor vehicle traffic-related injuries, requiring the treatment of 696.6 of every 100,000 New Yorkers. The rates were highest for females and New Yorkers ages 20 to 24 years old, followed by ages 15 to 19.

The rate of ED visits due to unintentional motor vehicle traffic-related injuries decreased from 778.7 ED visits per 100,000 New Yorkers in 2005 to 685.8 in 2008. They increased to 731.0 in 2010, followed by a decrease until 2013 when the rate increased to 737.0. In 2014, the rate decreased to 683.1.

In Pennsylvania:

In 2017, there were 128,188 reportable traffic crashes in Pennsylvania. These crashes claimed the lives of 1,137 people and injured another 80,612 people. To add some perspective, the 2017 total of reportable traffic crashes is the twelfth lowest total since 1950, when 113,748 crashes were reported.

In 2016, there were approximately 101.1 billion vehicle-miles of travel on Pennsylvania’s roads and highways. The 2017 fatality rate of 1.12 fatalities per hundred million vehicle-miles of travel was the lowest ever recorded in Pennsylvania since the department started keeping records of this in 1935.

Here are the latest crash results available by counties in New York and Pennsylvania.

My observations:

The two biggest causes of collisions I have been seeing lately are distracted driving resulting in rear-end collisions and driving too fast for conditions (usually in snow but sometimes in rain).

One other big cause is left-turning cars that fail to yield the right-of-way to oncoming vehicles.

My best advice, based on more than 30 years of representing injured clients in crash cases:

  • Slow down this winter, because you never know when you will hit ice or frozen debris in roadways.
  • Turn the phone off until you are stopped or reach your destination. No peeking at traffic lights.
  • Beware of vehicles turning left or planning to turn left. Some people never turn their turn signal on, and some do but either don’t see you approaching or think they can make the turn before you are in the intersection. Approach intersections with extra caution because everyone seems to be in a hurry and in no mood to wait.

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 & 2019 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 


Winter Strikes Early … Are You Really Ready? Legal Tips for Winter Safety

Capture1Winter arrived way too early in the Twin Tiers.

Our mid-November snowstorm has mostly melted, but it’s not something most of us will forget any time soon. We jumped from raking leaves to shoveling and blowing wet, heavy snow (full of leaves) in 24 hours.

So before the next storm strikes, here are some things Twin Tiers motorists and property owners need to remember as we head into another unpredictable Northeast winter.

Cleaning up the snow: I recently appeared on WENY-TV’s special report, “Winter Ready 2018,” with the Horseheads TV station’s meteorologists to talk about snow removal. I am always amazed at the number of property owners who don’t clean their sidewalks, driveways, and porches within 12 to 24 hours after a snowfall.

In many cases, if someone falls on their property because the sidewalk or driveway is not cleaned sufficiently in a timely fashion, the property owner could be held liable. Most communities have laws that require property owners to keep their sidewalks clear of snow and ice within a reasonable amount of time after a snowfall or ice storm.

So keep your shovel and salt handy, and if possible, keep your snow blower full of gas and ready to go. If you are a renter, does your landlord handle snow removal or have they delegated that responsibility to you? Be sure to review your lease closely about sidewalk and driveway responsibility.

You can watch my WENY segment here.

 

 

About that “move over law” in New York State: Many of us have learned to slow down and move over to another lane when we encounter emergency responders on our four-lane highways, but did you know it’s also the law to do it when you are driving 30 mph or so in a city, town or village? I see people ignoring emergency lights all the time when they’re going slower speeds.

If you did not watch the video above of the officer talking about the importance of the move over law — he survived being struck by a vehicle during a traffic stop — then you should watch it now before reading any more.

move-overHere is another overlooked fact about the law: We all know we are supposed to slow down and pull over safely or stop for emergency vehicles such as police cars, firetrucks, and ambulances, but we are also supposed to provide a slow and safe buffer zone around other non-emergency vehicles such as snow plows, tow trucks, sanitation trucks, and road construction crews.

I strongly recommend you read the New York State Vehicle and Traffic Law 1144-a.

If an officer or trooper pulls you over for violating this law, it’s a moving violation that is punishable by two points on your license and a fine of $275. If you’re pulled over for that violation, you might also see some additional charges: Failure to Yield the Right of Way (three points), Improper Passing (three points), Unsafe Lane Change (three points), Reckless Driving (five points), and Speeding (three to 11 points depending on the speed).

So if you see a vehicle with flashing amber, red or blue lights, slow down and decide carefully how you can get around them for your safety, theirs, and everyone else. On a two-lane road, moving over to the other lane may not be a safe move. You may have to stop and move over slowly, so be prepared to slow down and stop.

Also, about that snow on your car: If you have a buildup of snow and ice on your vehicle, it could pose a clear and present danger to vehicles behind you and can illegally obstruct your visibility out of your vehicle. You could be ticketed and face a civil lawsuit because you failed to take reasonable steps to make sure you could see safely.

Bottom line: Our Twin Tiers winters are unpredictable, so my best advice is always to slow down and avoid distractions (your phone!) when driving, keep your sidewalk and driveway clear, clean that snow off your vehicle, and move over for all emergency vehicles.

 

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


Be Prepared For Crashes With The New Ziff Law Crash Help App

The Ziff Law Firm wants to help drivers in their most stressful moments – in the minutes after a vehicle crash. Be prepared and protect yourself and your loved ones with the free Ziff Law Crash Help App for iPhones and Androids.

Crash Help picThe Ziff Law Crash Help App’s automatic car crash detection system uses internal sensors in your smartphone to detect a crash and automatically sends a help message with your location to the emergency contacts you selected, if it is enabled.

Crash Help also features:

  • Camera, video recorder, and a text notepad to record all pertinent crash information.
  • Time-saving forms to help you collect information from other drivers, passengers, and other witnesses.
  • An automatic GPS locator that captures critical crash information like traffic patterns and road conditions.
  • A frequently-asked-questions section that educates users about the best ways to prepare for and handle any motor vehicle crash.
  • A locator of emergency services based on your location.

Download the iPhone App here.

Download the Android App here.

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 


Deer Season Makes Twin Tiers Roads More Dangerous This Fall, Says NY and PA Personal Injury Lawyer

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It’s deer season for hunters – and drivers – this fall.

Hunting seasons are underway in New York and Pennsylvania, so that means deer collisions on Twin Tiers roads are going to skyrocket. It’s also mating season for deer, so they are more restless and your chances of hitting a deer are much higher this time of year. Remember that dusk and dawn are the most dangerous deer-related collision times for motorists.

So be prepared.

Traffic-Signs-RM213-lgYour first step, in addition to being more watchful on area roads, is checking your car insurance policy to make sure you are covered sufficiently in case of an accident. Deer collisions are covered under the comprehensive section of your policy, which protects you against acts of God or nature.

Although we call it a deer collision – it is not covered under your insurance policy’s collision coverage, which protects you if you strike a fixed object or another vehicle. For example, your collision coverage would likely cover you if you swerve to miss a deer and strike a guardrail or a tree.

Keep in mind that you will have to pay a deductible on your comprehensive and collision coverage. You may also want to consider rental coverage so you do not have to pay out pocket for a rental car or be left without a vehicle in the event yours is inoperable after a deer collision.

If you are injured in the collision, your medical bills and lost wages will be covered under no-fault insurance.

It’s also important to check your liability coverage. Many drivers and passengers are injured in deer-related crashes because drivers swerve to miss the deer and strike other vehicles or fixed objects, such as a tree or guardrail. In these instances, an injured passenger or other motorist may bring a claim against you for their pain and suffering.

Therefore, it is very important to heed the advice below to keep you and your loved ones safe and free from liability.

If you strike a deer …

Mike Brown.

Michael Brown.

Move your vehicle to a safe place. If possible, pull over to the side of the road, and turn on your hazard lights. If you must leave your vehicle, stay off the road and out of the way of any oncoming vehicles.

Call the police if there are injuries to you or passengers, or the deer is blocking traffic and creating a threat for other drivers. If the collision results in injury or property damage, you may need to fill out an official report. This report also can prove useful when filing your insurance claim.

Document, document, document. Write detailed notes about what happened and be as specific as possible. Shoot photographs of the roadway, your surroundings, damage to your vehicle, and any injuries you or your passengers sustained if it is safe. If witnesses stop, take down their account of what occurred and get their contact information.

Stay away from the animal. A frightened, wounded deer could use its powerful legs and sharp hooves to harm you.

Contact your insurance agent. The sooner you report damage or injuries, the sooner your agent can file and process your claim.

Don’t assume your vehicle is safe to drive. Double-check that your car can be driven after colliding with a deer. Look for leaking fluid, loose parts, tire damage, broken lights, a hood that won’t latch and other safety hazards. If your vehicle seems unsafe in any way, call for a tow truck.

Consumer Reports offers the following tips to help you avoid striking deer this fall:

Slow down. Watch for deer especially around dawn and between the hours of 6 and 9 p.m., when they’re most active.

Be aware. Look out for deer-crossing signs and wooded areas where animals are likely to travel. If you travel the same route to and from work every day, you may find deer consistently grazing in the same fields. Make a mental note of when and where you regularly see the animals.

Be alert. If you see an animal on the side of the road, slow down. At night when traffic permits, put on your high beams for improved visibility.

Brake, don’t swerve. Swerving to avoid an animal can put you at risk for hitting another vehicle or losing control of your car. It can also confuse the animal as to which way to go. Instead, just slow down as quickly and safely as you can. Your odds for surviving an accident are better when hitting an animal than hitting another car.

Assume they have friends. The “where there’s one, there’s usually more” often holds true. Deer travel in groups, so if you see one run across the road, expect others to follow.

Don’t rely on deer whistles. Some drivers put these devices on their front bumpers to scare off animals, but animal behavior is unpredictable, even if you use one of these.

Buckle up. A seat belt is your best defense for minimizing your risk in a crash. An Insurance Institute for Highway Safety study found that 60 percent of the people killed in animal-vehicle collisions weren’t wearing their seat belts.

Thanks for reading,

Michael Brown, Esq.
NY Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
[email protected]
Office: (607) 733-8866
Web: www.zifflaw.com


After Deadly Limo Crash, It’s Time To Review YOUR Vehicle Insurance, Says NY and PA Personal Injury Lawyer

Capture2The crash of the stretch limousine last weekend in Schoharie, N.Y., that killed 20 people has left a lot of people in the Twin Tiers shaken. At some point in our lives, many of us have hopped aboard a limo for happy events like a wine tour or a wedding or a birthday party. Most of us were having so much fun with family and friends and co-workers that the thought of a crash never occurred to us. Or we have been passengers with another driver with insufficient insurance to protect their passengers in case of a crash.

But during this week of grim news, as the operator of the Schoharie limo company was charged with criminally negligent homicide, I want to provide something positive that Twin Tiers motorists can do to protect themselves. You’ll need your current car insurance policy.

Here’s why: Some people probably think that getting in a limo, there must be at least $1 million in coverage.  Unfortunately, that simply is not true in most cases.  In New York State, owners of stretch limos are not required to have much insurance. A limo that can hold up to 20 people is only required to have a total of $150,000 of coverage to cover everyone in that limo in the event of a fatal crash.

So in the Schoharie crash, the families of the 20 people killed the crash, in some cases with small children, may only be able to recover $7,500 per person from the insurance company assuming the limo company had the state-required minimum coverage.

What the state requires is ridiculously low but the one thing Twin Tiers residents can do to protect themselves and their families is make sure they are protected on THEIR car insurance.

On your insurance policy, there is a section called Supplemental Uninsured and Underinsured Motorist (SUM) coverage.

You should make sure you have at least $250,000 of SUM coverage in your vehicle insurance policy that would come from your own insurance company to protect your family in the event of your injury or death in your vehicle or someone else’s vehicle (for instance, if you were in a limo).

So please check your policy and make sure you have $250,000 in SUM coverage. In the Schoharie crash, SUM coverage would at least offer some additional money to compensate the grieving families and help provide for the children who lost a parent or parents.

Be sure to watch this week’s Law Talk, where I urged WETM viewers to check their insurance policies.

Here is the state law on insurance and more information I have written on SUM coverage here and here.

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Warning to Homeowners: Protect Bikers and Obey the Law By Keeping Grass Clippings and Leaves out of the Road

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Most people think distracted drivers and bad roads are the biggest dangers facing motorcyclists and bicyclists.

Those are the most obvious dangers.

What many homeowners don’t realize is that they could be responsible for one of the most overlooked types of dangers to motorcyclists: blowing yard waste like grass clippings and leaves into city streets and rural roads.

Grass clippings are slippery when dry and feel like you’re riding on ice or grease when they get wet.

Leaves are slippery, wet or dry, but they hide other dangers, too, by disguising potholes and other hazards in the road that can shred tires and worse. Large leaf piles raked into streets and roads send bicyclists into the path of cars. The leaf piles also clog the storm drains, leaving more water on streets and roads – another danger.

OLYMPUS DIGITAL CAMERANew York has two different statutes that prohibit the blowing or placing of grass clippings and leaves on roads.  Vehicle and Traffic Law Sec. 1219(b) requires that any person who drops, or permits to be dropped or thrown, upon any highway any material which interferes with the safe use of the highway shall immediately remove the same or cause it to be removed.  Vehicle and Traffic Law Sec. 1220(a) provides that “no person shall throw, dump, deposit or place, or cause to be thrown, dumped, deposited or placed upon any highway, or within the limits of the right of way of such highway, or upon private lands adjacent thereto, any refuse, trash, garbage, rubbish, litter or any nauseous or offensive matter.”

Homeowners, if you blow your grass into the street or road, blow it back onto the curbing or into your yard. It won’t hurt your grass – its actually good for it. If you fail to do so, you are in violation of the statutes listed above and could be sentenced to a fine, community service of both.

Slippery-When-Wet-Sign-X-W8-10aMore importantly, if your yard waste is responsible for a biker losing control and crashing, you will be personally responsible for the biker’s medical expenses, lost wages, and pain and suffering associated with his injuries. These damages could easily reach into the hundreds of thousands of dollars for a serious injury.

No responsible homeowner would ever intentionally place bikers at risk of harm. By following the laws requiring you to keep yard waste out of the street, you’re doing your part to ensure motorcyclists and bicyclists can safely pass your property.

Many landfill operators no longer accept bagged leaves or grass, so mulch or compost your grass and keep your leaf piles out of the street or road for easy pickup by your municipality.

Those are great ways to share the road with motorcyclists and bicyclists.

Thank you for reading,

Adam Gee
[email protected]
(607) 733-8866


When It Comes To Buying Car Insurance, Shop Local, Says NY and PA Personal Injury Lawyer

Police Captain Speaks on Elmira Shooting- Neighbor Reaction_14723095_ver1.0_640_360

This column was originally published in The Odessa File.

It’s not easy to convince people to invest more money in their car insurance.

I often meet people, and represent clients, who are underinsured, and when I advise them to budget more money for car insurance, I am sure that some wonder, “Why does he want the insurance companies to make more money?”

I represent injured people; I’m not a salesman for insurance companies. I don’t want you to give an extra penny to the insurance companies that you don’t have to, but the reality is, most people are underinsured — and being underinsured can be financially devastating. You need to have enough insurance to adequately protect yourself and your family.

But how do you decide what is enough insurance coverage? That’s the tough question, and the answer depends upon your unique circumstances: your income, your assets, the number of dependents, your health insurance coverage, and so on.

R1-1_MOD__34542.1522940971Because there are so many factors at play, my best advice is to consult an experienced, LOCAL insurance agent. Do NOT buy your insurance online or on the phone. Take the time to sit down face-to-face with an agent who can ask you the relevant questions and who can answer your questions. There are many excellent insurance agents in our area, so ask around and see who your friends and neighbors recommend. You are looking for an agent who will take the time to get to know you and your needs.

I know that the last thing anyone wants to do is spend a lot of time shopping for insurance, and it’s very tempting to just buy the cheapest insurance you can find online but the reality is that, no matter what, you are going to be spending a lot of money insuring your vehicle and home, so it’s important that you spend your money wisely to make sure you get the coverage you need. Take the time to do this important job of buying insurance correctly.

And as an absolute baseline for all New Yorkers, I recommend that you have at least $250,000 in Liability and Supplemental Underinsured Motorist (SUM) coverage. When a single helicopter flight to the hospital can cost $38,000 (I kid you not!) and a single day in the ICU more than $20,000, anything less in coverage is simply not enough.

Although I appreciate that my $250,000 recommendation is more than the $25,000 New York minimum, I would point out that this minimum coverage has not been increased in over 30 years while medical costs have skyrocketed. I think it’s ridiculous and financially foolhardy that state legislators in Albany have not increased the minimum limits, but regardless, you have the power to do the smart thing by buying enough coverage to protect you and your family. Better safe than sorry.

So get out your current policy and review your SUM and Liability limits. If you have a question about your car insurance policy, email me at [email protected] I will provide a free evaluation.

Be well and drive safely,

Jim

James Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

Police Investigate After Pedestrian Struck By Vehicle In Town Of Chemung, Says NY and PA Accident Lawyer

emergency

A pedestrian was struck by a vehicle Tuesday evening in the town of Chemung, and the New York State Police are investigating, according to Twin Tiers news reports.

Emergency responders were called to county Route 60 near Tomasso’s at about 9:30 p.m. Tuesday for reports of an injured pedestrian. Tomasso’s is a restaurant and golf course.

According to one news report, the person struck by the vehicle received CPR on the scene. It was not clear if the pedestrian was transported to a hospital.

State police declined to release any other information at midday Wednesday.

We will update this post as more information becomes available.  Our thoughts are with the pedestrian, and we hope to hear good news concerning his or her condition soon.

UPDATE – local media is now reporting that the collision occurred at approximately 9:15 PM on July 17, 2018.  It is also reported that the pedestrian involved in this collision is a 15 year old girl who was walking home with her father, and that emergency crews were performing CPR on the girl at the scene.  More information is expected to be released later today.

UPDATE #2 – We are very sad to report that pedestrian has died.  15 year old Xanadu Rumsey was pronounced dead at the Robert Packer Hospital after being struck from behind by a vehicle.  It is reported that this was a hit and run collision, and the police continue to investigate and search for the driver involved.  If you have any information concerning this collision, please contact the NY State Police at 607-739-8797.

Thank you for reading,

Adam Gee
[email protected]
(607) 733-8866

 

 

 


Elmira Seeks Safer Streets With New Transportation Plan

Elmira City Hall.

Elmira City Hall.

Our streets could soon be getting safer in the city of Elmira and Chemung County.

That’s because the city of Elmira and town of Southport are among the communities that have taken positive steps forward recently in adopting Complete Streets policies and designs in hopes of making our streets safer for bicyclists, motorcyclists, and pedestrians as well as improving traffic flow.

Nicolette Wagoner.

Nicolette Wagoner.

Elmira City Council voted unanimously recently to adopt the program, which is in compliance with state law and the state Department of Transportation guidelines. According to a 2011 state law, state, county, and local agencies must consider all users’ convenience and mobility, not just the needs of motorists, when planning transportation projects that receive state and federal money. The Southport Town Board had previously approved it.

Chemung County Planning Commissioner Nicolette Wagoner and county Public Works Commissioner Andy Avery, who wrote the proposal that was approved by Elmira council members, showed real vision for a safer future for all people in drafting and supporting this policy.

Andy Avery.

Andy Avery.

Complete Streets, adopted as law in New York State, targets the improvement of transportation options in all communities for residents of all ages and abilities. That means all street construction and reconstruction projects need to be accessible to people with disabilities and safe for everyone, regardless of the method of transportation.

Complete Streets is the work of Smart Growth America, founded in 2000, to help communities plan smarter and safer development and today is a leading advocate for federal programs that support neighborhood development.

According to Smart Growth America, Complete Streets:

  • Improves safety while incomplete streets put people at risk.
  • Promotes good health while incomplete streets restrict physical activity.
  • Makes for a good ride on mass transit while incomplete streets are a barrier for riders and good service.
  • Improves mobility for older Americans while incomplete streets are a problem for older Americans.
  • Helps people with disabilities while incomplete streets impede livability.
  • Stimulates the local economy by steering people to mass transit, which pays a “green dividend,” allowing residents to spend their money in other ways in the community. This happens in cities of all sizes.
  • Is equitable streets for everyone, regardless of age, ability, ethnicity, income or travel mode, while incomplete streets are dangerous, especially in low-income communities that are disproportionatey affected by unsafe streets. In counties where more than 20 percent of households have incomes below the federal poverty line, the pedestrian fatality rate is 80 percent higher than the national average, the report says.
  • Helps keep kids save while incomplete streets are a barrier for children: fewer children riding bikes to school and increased childhood obesity rates are among the outcomes.
  • Fights climate change instead of incomplete streets hampering climate change strategies. We need more people walking, riding bikes, and taking mass transit to work and fewer motorists driving their own cars as carbon emissions continue to soar.

Wagoner, the county planning commissioner, told the Star-Gazette that the program isn’t a mandate but it encourages communities to look at all users when planning street projects.

“This shows Elmira cares about all modes of transportation, making roads safe for vehicles, pedestrians, and bicyclists,” she said. “It’s not a requirement but it’s a nice thing to do, and it helps us when we fill out applications for grant funding. For the federal aid we receive, DOT requires you do Complete Streets.”

In the past, Wagoner said, cities were designed with wider streets to favor automobiles. “We have to fix the mistakes that were made 40 years ago. We’re talking about making crossing distances shorter, talking about where to put crosswalks. I think adding on-street parking will show traffic down.”

She pointed to East Water Street, from Madison Avenue east to the Interstate 86 exit ramp, as an example of a street with little or no on-street parking. Because of the wider street and few if any parked cars, motorists tend to go faster. More parkers will slow drivers.

Many streetscape improvements, including work toward reopening the Lake Street Bridge for pedestrians only, are in the planning stages for 2019 and 2020 in Elmira, she said.

“We want to see pedestrian and bicycle accidents go to zero,” she told the Star-Gazette. “Elmira is flat. It should be very walkable.”

Thanks for reading,

Jim

James Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
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