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

_______________________________
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

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

_________________________________
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

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

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

Elmira Woman Killed In Reported Drunk Driving Crash, NY And Pa Accident Lawyer Says

Posted on October 24, 2011 by Jim Reed

State police said a Texas man was driving drunk when he killed an Elmira woman Friday.

This is just what many in the area feared when the influx of out-of-state gas workers began – an increase in the number of alcohol-related accidents. Now I certainly don’t mean to stereotype or malign every gas worker, but there is a sizable number of new workers in the area who work long hours, make a good wage, who are far from home, and who want to blow off some steam during the hours they aren’t working.

It looks like the volatile mixture of alcohol and driving resulted in the tragic death of an Elmira woman ….

WETM and the Star-Gazette have reported that Lauralee M. Widmer, 36, of Elmira, and formerly of Louisiana, was killed early Friday morning in a two-vehicle accident in Tioga County, Pa.

State police said Brandon C. Davidson, 32, of Perryton, Texas, was driving a pickup truck shortly before 8 a.m. Friday in Jackson Township when he lost control of his truck and crossed the center line on the two-lane highway, striking a sport utility vehicle driven by Widmer.

Police said Widmer was wearing a seat belt and Davidson, who suffered only minor injuries, was not wearing a seat belt.

Widmer was pronounced dead at the scene and Davidson was treated for minor injuries at a Wellsboro hospital and released.

Davidson was charged with Homicide by Vehicle While Driving Under the Influence, Driving Under the Influence, Driving on the Wrong Side of the Road, Speeding, Careless Driving, Reckless Driving and Not Wearing a Seat Belt, according to the Star-Gazette. He was arraigned and sent to the county jail in lieu of $75,000 cash bail.

Given the very aggravated circumstances of this collision– the drunken driving, the recklessness, the speeding, etc.– Widmer’s Estate could bring not only a wrongful death lawsuit but could also assert a claim for punitive damages. Punitive damages are not permitted in all injury lawsuits but are limited to those lawsuits where it can be proven that the defendant’s conduct was grossly negligent, reckless and showed a conscious disregard for the rights of others. The general standard in New York for punitive damages is reckless conduct or grossly negligent conduct that endangers the health, safety and well-being of the public. NY Pattern Jury Instructions, 2:278.

Our thoughts and prayers go out to Widmer’s family.

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

UPDATE: NY Clearly Sees Its Error, Resumes Drivers’ Eye Tests!

Posted on October 6, 2011 by Adam Gee

Image via Wikipedia

Just days after announcing that it would allow drivers to “self-certify” that their vision is good enough to drive, the New York Department of Motor Vehicles hit the brakes on that policy thanks to the outcry from across the state!

As Jim Reed said a few days ago it was a foolish idea, and I am relieved to see that the state is reversing this dangerous decision!

DMV Commissioner Barbara Fiala announced the reversal on Sept. 30 after residents, law enforcement, medical professionals and county clerks across the state said waiving the eye test in DMV offices is a threat to anyone in a vehicle, on a motorcycle or bicycle, and pedestrians.

The state has formed a panel of health, safety and transportation officials to determine the best way to check drivers’ vision, Fiala told the news media.

“I have asked the medical organizations prominent in the vision health field, AAA New York State and AARP to review the best alternatives for a system that receives more than 2.4 million driver license renewal applications each year,” Fiala said.

On Sept. 26, the DMV announced it was waiving the required in-office test so motorists could renew licenses online. The new policy took effect Sept. 28 and was suspended on Sept. 30.

Since 2000, New York state drivers had to read a line of an eye chart at the DMV as a requirement for a new license or provide medical certification.

Unfortunately, Pennsylvania is one of six states that does not require eye exams!

To read news reports about the reversal, go here and here and here.

How do you think New York state should check drivers’ eyesight? Please comment below and I will share your best ideas with our state lawmakers!

Thanks for reading.

Adam
__________________________________________

Adam M. Gee
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
NYBikerLawBlog.com

NY Lawyer Asks “Really?” As NY Drops Eye Test for Licensed Drivers

Posted on September 30, 2011 by Jim Reed

The New York DMV has dropped the eye test requirement for drivers, raising concerns about elderly drivers.

This cannot be a good idea … NY is dropping the eye test for drivers. At a time when I am seeing many more cases involving elderly drivers – drivers in their 70s and 80s – involved in bad car crashes, does NY really think it’s a good idea to eliminate an eye test that might be the most effective tool for identifying when an elderly person might need to stop driving?

Now, don’t get me wrong. I certainly have nothing against elderly drivers and I think a person should be permitted to drive so long as they are mentally and physically capable of doing so. But I do worry that eliminating this test will have the effect of failing to catch those drivers whose failing eyesight is causing them to be a deadly danger to others.

I understand the test was eliminated to encourage more people to be able to renew their licenses online, and I am all in favor of the cost-savings and convenience of online licensing. But I wonder if it might have been a better compromise to eliminate the eye test for drivers under a certain age – say 65 – but keep the eye test requirement for drivers over that age. Just an idea ….

Click here for the WETM-TV report.

Here is the story from The Associated Press:

Albany, N.Y. (AP) – New York is dropping its requirement for vision tests to make it easier for drivers to renew licenses online or by mail.

Department of Motor Vehicles Commissioner Barbara Fiala said in a statement that the change is one of several stemming from Gov. Andrew Cuomo’s call for streamlining by state agencies.

Another change is a new Internet application, “MyDMV,” which allows customers to set up personal online accounts to do business with DMV.

Starting Sept. 28, drivers will “self-certify” that they meet the vision requirement when they renew. New licenses and commercial licenses will still require eye tests at a DMV office or by a doctor.

Fiala said vision testing wasn’t required in New York from 1993-2000, and six other states don’t require eye tests for renewals.

And reaction from across the state shows many people agree with me!

County clerks from across the state are critical of the DMV’s short-sighted decision and want the decision reversed!
From WHAM-TV in Rochester and Fox23 News in Albany: Residents see the dangers, too!
A state lawmaker in the Syracuse area strongly opposes the change.
And a downstate ophthalmologist calls it a “terrible idea.”

Residents of Elmira, Corning and Twin Tiers, let your state lawmakers know what you think about this today!

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

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

Posted on September 22, 2011 by Jim Reed

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