Category Archives: Bicycle Accidents

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

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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


At Last! Texting While Driving Tickets Soar in NY, says NY and PA Accident Lawyer

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If you are caught texting while driving now in New York, you could face much stiffer penalties than in the past.

Police officers are cracking down across New York State on texting motorists, and the number of tickets issued to distracted drivers has soared across the state in recent months.

Have you gotten the message yet and stopped texting while driving? 

As you probably know, the Ziff Law Firm has repeatedly encouraged state officials to toughen the law and then urged police to enforce it. You can see what we’ve said here and here and here.

Here are some of the findings reported in a Gannett News Service story this week in the Elmira Star-Gazette on the increase in the number of texting-while-driving tickets issued in New York State:

  • The number of tickets soared 43 percent through mid-September, compared with all of 2010, an increase from 3,248 tickets in 2010 to 4,634 tickets so far in 2011.
  • Outside New York City, the number of tickets issued for texting totaled 1,617 in 2010 and 2,777 tickets in 2011 as of Sept. 17, a 72 percent increase.
  • The number of tickets more than doubled in 33 counties, including in Chemung and Monroe, and more than tripled in other counties downstate.

The big increase comes after Gov. Andrew Cuomo signed a new law in July that allows police to pull over drivers specifically for texting. That law took effect on July 12.

The initial law approved in 2009 only made texting a secondary infraction, so police could only ticket a driver if they were pulled over for another offense, such as erratic driving.

Talking on a cell phone while driving is still a more common infraction, according to Gannett. Police across the state have issued 181,400 tickets so far this year after about 332,000 were issued in 2010!

A texting while driving violation will now cost you a fine of up to $150 and three points on your license, which is the same as a speeding ticket. (Remember what THAT last speeding ticket did to your insurance bill?)

Drivers iilegally using a cell phone to talk could be issued a ticket for a traffic infraction and a $150 fine!

See this New York State website for more about the new texting while driving law. Also see this website about the state’s law on drivers using cell phones.

Anyone seeking a license in New York State must now attend a class on the dangers of distracted driving.

In the first full month of the new law, a record 1,082 tickets were issued statewide. The previous record was in April, with 689 tickets, but a special enforcement period in Syracuse drove up the numbers, Gannett reported.

“It’s a great success story,” John Grebert, executive director of the New York Police Chiefs Association, told Gannett.

The number of tickets issued in Chemung County jumped from 15 to 34 since the new law was approved. Chemung County Sheriff Christopher Moss told Gannett that the texting lookouts are now part of distracted driving enforcement funded by the state. And the county also meets with students to talk about the dangers of texting while driving!

Too many young people are not getting the message. Look at other drivers as you drive in Elmira, Corning and the Twin Tiers — too many are still texting and putting us all in danger. 

Put down the distraction and DRIVE before you cause an accident that could change your life — and the lives of others — forever.

Please! Let’s be safe on the road. For yourself, for your passengers and others on the road — INCLUDING pedestrians and bicyclists!

Thanks for reading. Please drive safely!

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


New Campaign Reminds Us – Don’t Be Distracted When You Drive, Walk Or Ride A Bike!

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Typical scene at a local emergency room

A new campaign aims to cut down on accidents caused by unnecessary distractions.

We live in a world of distractions, and a new campaign launched this week in the Southern Tier aims to remind everyone – pedestrians, bicyclists and motorists – about the dangers of not paying attention.

The traffic safety boards of Chemung and Steuben counties kicked off “Be Alert, Distraction Kills” in hopes of curbing accidents.

“We had a spate of bicycle and pedestrian deaths in Elmira, but that alone was not the reason for this initiative,” Jay Schissell, vice chairman of the Chemung County Traffic Safety Board and director of the Elmira-Chemung Transportation Council, told the Star-Gazette newspaper at a news conference.

“If there’s one commonality to the crashes we’ve been having recently, it’s distraction,” he added. “Distraction on the part of all users in the transportation system.”

He’s right! We all have the potential to get distracted when we walk, ride or drive – too often by cell phones and other devices.

But it is OUR JOB (and our legal obligation) to pay attention!  Failing to do so needlessly endangers other people and it just is NOT right that we should put someone else at risk of serious injury (or death) just because we don’t care enough to pay attention!

Schissell listed some all-too-common distractions – cell phones, CD players in cars, eating, putting on makeup, wearing headphones and using illegal drugs.

We forget how dangerous distractions can be until someone gets hurt!

Law enforcement will be involved in getting the message out, too.

The Elmira Police Department used a grant to buy a distracted driving simulator to be used in classrooms.

“We don’t want it to be just a video game,” Police Chief Michael Robertson told the Star-Gazette. “We want it to be an educational tool.”

Corning Police Chief Salvatore Trentanelli said they also plan an educational campaign, adding, “However, there will be some enforcement maintained by the police agencies.”

The campaign will also include portable message signs along some roads and YouTube videos, according to news reports, but in the end, it is up to all of us to STAY FOCUSED!

“It’s not for bicyclists, it’s not for pedestrians, it’s not for motorists,” said Schissell of the campaign. “It’s for everybody.”

Let’s remember that – and BE SAFE!

To see the news reports:

Elmira Star-Gazette

The Leader in Corning

WETM-TV

WENY-TV

YNN

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 and PA Injury Lawyer: “Get distracted drivers off the road now!”

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In my opinion, it is not the act of talking on...

Distracted drivers are a danger to everyone. Are you one?

An Elmira high school track coach was right on target this week when he targeted distracted drivers, who pose a huge danger to his runners.

I’ll take Southside High School Coach Greg Grund’s plea one step further – texting drivers are a HUGE danger to EVERYONE — runners, cyclists, walkers, kids playing near the streets, other vehicles and so on.

Grund told WETM-TV that some of his runners have had to jump into ditches to avoid getting hit when they are training on area roads.

Most of the time, the coach said, his runners are almost hit because the drivers are using their cell phones to make a call or text.

The law is clear on this – no texting while driving, and only hands-free devices if you are talking on a cell phone while driving in New York state and Pennsylvania.

How many more people have to get injured or killed before our distracted drivers get the message?

Everyone should see this!

Keep an eye out for a very effective public service announcement about the dangers of distracted driving. It was written by a 15-year-old Oswego, N.Y., high school student.

Lauren Daniels made a 30-second spot that won the second annual Drive2Life PSA Competition, sponsored by The National Road Safety Foundation Inc. with National Organizations for Youth Safety. The PSA is airing nationally during National Youth Traffic Safety Month in May.

The spot shows two teens walking and talking. One of the girls is texting, the other is putting on makeup and she walks into a pole, which knocks her down. Her friend says, “Sarah, that’s so funny.”

The scene shifts to a car driving past, and the viewer hears the same dialogue between the girls. We see the driver texting as she’s driving and the screen fades to black as we hear the sounds of a crash and one of the girls keeps repeating her friend’s name, with no response.

To read more about the PSA, click here.

“Distracted driving is an epidemic on America’s roadways, and young people are among the most at risk,” said U.S. Secretary of Transportation Ray LaHood. “When you’re driving, your attention should always be on the road — not on a phone. And I applaud Lauren for creating such an effective video to drive this message home to teens.”

As high school graduation season arrives in the Twin Tiers, let Lauren’s PSA serve as an important reminder.

It is a matter of life and death.

Thanks for reading,

James B. Reed, Elmira Injury Attorney

_________________________________
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 Bicycle Lawyer: Horseheads, NY Bicyclist Struck By Drunk Driver!

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It has happened again.  Yet another person has been struck by a vehicle here in the Twin Tiers.  This incident could be the worst yet, as preliminary reports indicate the driver of the vehicle was drunk.

The incident occurred on Thursday September 23, 2010 on the Old Ithaca Road in Horseheads, New York near its intersection with Ridge Road.  Reports indicate that Joseph Chaffee of Towanda , PA was operating a box truck at approximately 1:40 PM when he was involved in a collision with 17 year old Joseph Schrom.  The exact circumstances of the collision are unclear at this point, but Chaffee was arrested for Aggravated DWI and Vehicular Assault in the First Degree.  The Aggravated DWI charge means that Chaffee’s blood alcohol was greater that .18% at 1:40 in the afternoon!

Elmira’s Star Gazette reported on this incident; you can find the article here.  It is also reproduced in its entirety below.

The confusion as to exactly how this accident occurred that I reference is based upon the Star Gazette article.  The Star Gazette is reporting that  the bicyclist turned into the side of the truck, but that is inconsistent with Chaffee being charged with Vehicular Assault.  In order to charge someone with the portion of the Vehicular Assault charge at play in this incident, Chaffee had to cause serious physical injury to the bicyclist while operating a vehicle while his blood alcohol was greater than .18%.  If Chaffee was drunk, but didn’t do anything to cause the collision with the bicyclist, he could still be charged with Driving While Intoxicated, but wouldn’t be charged with Vehicular Assault.

So based upon the charges, I can only assume that the Star Gazette confused who did what.

Joseph Schrom, the bicyclist,  is reported to have sustained injuries to his leg and pelvis, and was taken to the Arnot Ogden Medical Center where he was listed in stable condition.  Mr. Chaffee was taken where he belongs: the Chemung County Jail.  He is being held there on $4,000.00 bail.

Luckily for Mr. Schrom, he was wearing his bicycle helmet at the time of the collision.  His helmet undoubtedly protected him from further injuries.

Please stay safe out there, and don’t drink and drive.  The next bicyclist may not be as lucky as Joseph Schrom.

Thanks for reading,

Adam
_______________________________
Adam M. Gee, Esq.
NY and PA Injury and Accident 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

Visit the NY Biker Law Blog at www.NYBikerLawBlog.com!

FROM THE STAR GAZETTE:

Horseheads A Towanda man was accused of drunken driving and vehicular assault after a Thursday collision injured a Horseheads bicyclist.

State police in Horseheads said Joseph Chaffee, 50, of Rural Route 5, was driving a box truck north on Old Ithaca Road while Joseph Schrom, 17, rode a bicycle north in the shoulder.

Schrom turned the bicycle into the truck near Ridge Road around 1:40 p.m., police said. When police came to the scene, they said, Chaffee had .18 percent or higher blood alcohol content.

Police charged Chaffee with aggravated driving while intoxicated and first-degree vehicular assault. He was arraigned in Horseheads Town Court and remanded to Chemung County Jail in lieu of $4,000 cash bail.

Schrom, who police said was wearing a helmet, sustained leg and pelvis injuries and was taken to Arnot Ogden Medical Center, where he was listed in stable condition Thursday evening.


Elmira Skateboarder Badly Injured by Hit & Run Driver

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My heart goes out to a local teenager and his family following a tragic hit & run collision that occurred on Hoffman Street in Elmira in front of EFA High School.  I have three teenagers of my own who attended EFA and I just hope and pray that this poor teenager will be OK.

While my heart bleeds for the victim, I have nothing but contempt for the driver who hit this poor kid and left the scene.  Several years ago, I represented a family whose 14 year old son was run down and left to die on Maple Avenue and I can still feel the anguish of that family who would always wonder if their son might have been saved had the cowardly hit and run driver stopped and rendered aid to their son……

This latest tragedy involves a teenager who was skateboarding and I was asked by our Elmira TV station, WETM-TV, to discuss the laws that might be applicable to this skateboard and car collision.

As many of my readers know, every Wednesday I do a LawTalk segment on WETM-TV news where I discuss current legal issues and laws.  I love doing these shows for two reasons:  first, it is an opportunity for me to help folks better understand the many laws that effect their daily lives; and second, it is an opportunity for me to improve my own legal knowledge as very often I need to do research to better understand the weekly topic we will be discussing.  It is a win/win for everyone.

This week we discussed the laws pertaining to skateboard use in New York State.  As I told our viewers, under NY law, skateboarders, like bicyclists, have a legal right to use the roads. Bicycles, in-line skaters, and skateboarders may all use the roads subject to the rules of the road that pertain to cars and motorcycles– bicyclists and skaters must obey all traffic signals, signs and pavement markings that apply to other drivers with obvious exceptions and special rules.

I also told our viewers that my best legal advice to the hit & run driver is to promptly talking to a criminal defense lawyer (not me as I only represent injury victims like the skateboarder, NOT the people who inflict those injuries!) and then turn themselves in to the police.  It’s the legal thing to do and it’s the moral thing to do.

My best to the skateboarder and his family.  My best to you and your families.

Thanks for reading.

Thanks, Jim
_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer

Here is the WETM-TV Story that prompted our discussion:

Elmira, N.Y. – Elmira Police are saying the teen victim is 18 years of age not 19 as originally reported.  Elmira Police are still searching for the driver involved.  The incident happened around 8pm Tuesday night in front of Elmira Free Academy. Police stated that they are looking for the driver of a golden or tan colored sport style sedan. Officials stated that the vehicle may have damage to the front end.

The 18-year-old victim was taken to Arnot Ogden Medical Center. Police are not releasing his name at this time. One witness tells WETM 18 News that he could not believe what he saw Tuesday night. “I just happened to be looking out the window and I said wow what was that? I thought the car had run over the grate or something but it was so loud. Then I saw something in the street and I thought it was a hat rolling or something and I saw the kid laying there,” stated witness James Banks.

Elmira Police need your help in finding the driver involved. If you have information, you are asked to call them at 271-HALT or the Elmira Police Traffic Bureau at 737-2940.


Ithaca Car-Bike Collision Puts Bicyclist in Hospital

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air-ambulanceSaving the environment shouldn’t be so risky. The Binghamton Press & Sun Bulletin reported Wednesday that a car struck a bicyclist in Ithaca – with serious consequences for the bicyclist.

The collision happened at about 6 a.m. at the intersection of North Fulton and West Buffalo streets.

The car’s driver, Juan Sanchez of Horseheads, was ticketed by Ithaca Police for operating an uninspected vehicle and for failure to use care to avoid a bicyclist.

The bicyclist is in the hospital. His injuries were so serious he had to be flown to Robert Packer Hospital in Sayre.

I’m an avid bicyclist myself and a member of the Big Horn Velo Club. Our sister club to the North in Ithaca, the Finger Lakes Cycling Club (FLCC), members were buzzing this morning about the accident and their descriptions sounded horrible. The bike was unrecognizable, one member said. Another said that he knew the victim, Greg Laurey, and that he was in bad shape, with many broken bones and a concussion. “Stable,” his announced condition, sounds better than some diagnoses, but it’s a long way from being OK.

I made the opening comment about the environment because I’ve heard from FLCC members that this rider was making his morning commute to work. The poor guy was trying to do the right thing, saving the environment by commuting by bike to work and he gets crushed by a guy recklessly driving an uninspected vehicle. Please keep him in your thoughts today and as he starts recovery.

The Press & Sun Bulletin article ended with the information that Ithaca Police are investigating the accident and are hoping to witnesses will come forward. If you were there, or know someone who was, call the Ithaca Police Department at (607) 272-9973.

My best wishes to the injured cyclist and his family.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Asleep at the Wheel, Deputy Causes Deaths of California Bicyclists

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RLM062Just yesterday, I published a post about drivers falling asleep at the wheel and causing bad car accidents. Just today I read about a tragic wrongful death case where a Deputy Sheriff fell asleep at the wheel and crashed into a group of bicyclists…..

Two point three million dollars. That’s the settlement amount recently reached for one victim’s family in the aftermath of a shocking bicycle accident in California.

On March 9, 2008, sheriff’s deputy James “Tommy” Council says he fell asleep at the wheel of his patrol car while driving in the Cupertino foothills of Santa Clara County. His patrol car struck a group of bicyclists out on a practice ride. Two cyclists died, and another was seriously injured. Now, more than a year later, Santa Clara county has agreed to pay the parents of killed bicyclist 29-year-old Matt Peterson a $2.3 million dollar settlement.

“Santa Clara County settles suit in cyclist’s death after crash with sheriff’s deputy” (Tracey Kaplan, 6/30) relates how the county immediately took responsibility for the accident. Not that they had much choice. It would have come out eventually that Council was convicted in 2001 for involvement in a speed contest in Los Angeles county. He’s pleaded guilty to two misdemeanor counts of vehicular manslaughter and been sentenced to community service and house arrest.

I’m a member of the Multi-Million Dollar Advocates Forum. I’ve managed to bring in multi-million dollar settlements for personal injury and medical malpractice lawsuits in New York and Pennsylvania. Yet I know that that $2.3 million dollars is not going to compensate that couple for the loss of their son. It’s a real acknowledgement of responsibility, however, from Santa Clara County.

As an avid bicyclist, I love to take to the roads here in the Finger Lakes and in other beautiful places whenever I get the chance. There are safe ways to ride, precautions to take – I take them because wearing a helmet, minding the rules of the road are small efforts in return for the reward of well-being.

The story of this accident is so tragic because it came out of the blue. A sleeping deputy in a patrol car is not something a bicyclist can expect, something you can plan for.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Justice Will Find Elmira Hit-and-Run Driver

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crime-scene-tapeIt gave me chills to see the headline on a recent WETM news update: “Bicyclist Killed in Elmira Hit and Run‏.

About 1 a.m. on a recent Sunday morning, a bicyclist was hit and killed while riding his bike along Grand Central Avenue near Clemens Center Parkway.

The driver didn’t stick around, and there were no witnesses. That means there was no call for help, no first aid for the victim. He was found later on Sunday morning, by a pedestrian. It’s a horrible, gruesome thing to contemplate.

This story really gets to me for two reasons. One, I’m an avid bicyclist and I can’t help but be affected by a story like this. It’s frightening, a reminder of how vulnerable a bike is compared with a car.

Two, it upsets me because I handled the Steven Bacon hit-and-run case. Steven, age 17, was hit and killed by a car on Maple Avenue on March 22, 2007. The driver and – and passengers who were aware of the accident – didn’t come forward, and Steven’s body wasn’t discovered until more than 12 hours after the accident. I represented Bacon’s estate – the Ziff Law Firm fought for and won the limits on the insurance policies held by the drivers who caused his death.

I’ve blogged about the Bacon case before, and about the legislation it inspired, “Steven’s Law” that would make it a crime for a passenger involved in a hit-and-run to not report the incident.

About this recent Elmira case, all I can say is that I’m glad it looks as though the police were able to quickly track down the driver who hit this poor cyclist, leaving him to die on the side of the road with no help. There was debris from the hit-and-run vehicle at the scene. WETM reported that police believed the vehicle was a silver Dodge Durango or Dodge Dakota pick-up truck, with damage to the passenger side and the front bumper area.

Steven’s Law may not be on the books yet, but resolving a hit-and-run if you were a witness, passenger, or just have more information, is the human, decent thing to do. I hope the police had help from the public ID-ing this hit-and-run driver.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Catch Me on TV: Elmira Attorney Talks Bicycle Safety for Chemung Valley Health Watch

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bicycle riderChemung County Sheriff Chris Moss and I recently taped a public service TV program about bicycle safety for Chemung Valley Health Watch.

The video is airing three times a week during April on Time Warner Cable Channel 1:

  • 7:30 p.m. Mondays
  • 7:30 p.m. Fridays, and
  • 8:30 a.m. Sundays

Chemung Valley Health Watch asked us to to be a part of the program to raise awareness about bicycle safety. As a self-proclaimed “bike nut,” I was happy to oblige! My contribution was to explain some of the civil and criminal legal ramifications if a car strikes a bicyclist.

It was an honor to be on the show with Sheriff Moss, and I want to encourage everybody to watch the video during one of the broadcasts this month.

We’ll also be posting the video to the Ziff Law Firm website so it will be available all through the summer cycling season. You may also be interested in the specific category of “Bicycle Accidents” here on the NY Injury Law Blog.

One last thing – I suggest checking out the Elmira-Chemung Transportation Council‘s “Traffic Safety Brochure.” The council has included a section, “Sharing the Road,” specifically about the bike/car traffic regulations.

Thanks for reading – and watching!
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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