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

NY Attorney Comments on Startling Accident on Market Street

Posted on February 14, 2012 by Christina Sonsire

A car is visible inside a Market Street storefront in Corning on Tuesday morning.

A car crash took place in the Market Street storefront of the Orchestra of the Southern Finger Lakes this morning. Photo courtesy of the Elmira Star-Gazette.

As an accident attorney, I have become accustomed to seeing a wide range of accident scenes and scenarios. Today, however, I was nevertheless surprised to hear about a car crashing through a Market Street storefront.

86-year-old Rosario Miller crashed his car into the storefront of the Orchestra of the Southern Finger Lakes. Luckily, neither the female passenger in the car nor the four employees working inside the office at the time were injured. Mr. Miller was taken to various local hospitals for treatment, and our thoughts and prayers are certainly with him.

What struck me most about this story- and, judging from the readers’ comments on the story in the Elmira Star-Gazette and the Corning Leader- was how such an accident can occur in a time and place when we least expect it. As trite and cliché as that sounds, 10:30 A.M. on Valentine’s Day on a popular street known for pedestrian traffic and quaint storefronts, is a startling reminder of the abrupt and shattering nature of accident scenes.

Hopefully, this story will serve as a reminder to stay alert both on the roads and while walking on sidewalks. Who knows? You could be strolling along Market Street, focusing simply on finding a card on Valentine’s Day, and an accident could occur right in front of you!

Hope everyone is having an enjoyable- and safe- Valentine’s Day!

Thanks, Christina

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 Comments on Local Dog Bites and Dog Attacks

Posted on February 14, 2012 by Christina Sonsire

On a beautiful afternoon, like many in the Twin Tiers, I can certainly see the appeal of wandering around downtown Ithaca and shopping in The Commons. What I often do not factor into this idyllic scene, however, is the danger of dogs.

Authorities in Ithaca are seeking a puppy after it bit a man in the Ithaca Commons. What is especially amazing to me about this incident is that the dog was on a leash and with its owner. The victim reached down to pet the dog and was then bitten.

This incident is only one of several recent dog bites in Ithaca, including incidents in October and December.

Our firm has represented many victims of dog attack and bite cases, so we know the permanent physical and emotional scars that can be left after these frightening incidents.

In a world in which half a million people bit by dogs last year required hospitalization, these bites are a reminder of the dangers that even friendly-looking dogs can pose.

These bites are also a reminder to socialize your dogs, especially when they are between the ages of 8-12 weeks. While many of us at Ziff love animals ourselves, it is important to stay safe and recognize the potentially dangerous nature of dogs.

If you or someone you know has a question about dog attacks or bites, please call us at 1-800-ZIFFLAW or email us at info@zifflaw.com. We would be happy to talk to you about your legal rights and options and try to answer your questions.

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

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

Citizens Come Together to Make Positive Difference after Local Accident

Posted on January 30, 2012 by Christina Sonsire

Over 200 people gathered for a candlelight vigil and balloon release on Friday, January 20, in the town of Union. The vigil was held after two young boys died in a car crash earlier this month. Picture courtesy of the Press and Sun Bulletin in Binghamton.

As a parent of a young child myself, I could not help but feel emotional when I read about the January 7 car crash in Binghamton that killed four people, including a 7-year-old and a 6-year-old.

Joseph M. Plevinsky was driving three of his grandchildren to soccer practice at the Greater Binghamton Sports Complex on Airport Road, and his minivan swerved into an opposing lane of traffic and hit the car of 56-year-old Rose Kozlowski. Mr. Plevinsky, Ms. Kozlowski, 7-year-old Joshua Henry, and 6-year-old Tyler Houghton all died as a result of the crash. The only survivor is 8-year-old Nataya Henry, who was injured and taken to Wilson Regional Medical Center in Johnson City.

Despite the incredible tragedy of this crash, something truly admirable has come out of such horror and sadness: citizens of Binghamton and the surrounding area have come together. According to the Press and Sun Bulletin in Binghamton, more than 200 people braved the cold and attended a vigil for the boys who died in the accident. Also, a fundraiser held in the Maine-Endwell school system included a pasta dinner and a basket raffle that helped to raise money to help support the surviving Henry and Houghton children and plant a tree in memory of Joshua and Tyler.

These recent headlines about people coming together to grieve and help in a time of need are a reminder of the human impact that is felt by every accident. The effects of an accident only begin at the accident scene, and it is important to be reminded of just how deep loss can be felt and just how powerful holding a candlelight vigil or hosting a pasta dinner can be.

As an attorney, I am proud to work for justice for my clients every day. The citizens of Binghamton and the surrounding area, however, demonstrate a different definition of justice and righteousness, and I applaud you for making a positive difference and teaching us all that goodness and kindness really can come out of tragedy.

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