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

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


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

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

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

 


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

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

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


Elmira Crosswalk Accident A Reminder Of Dangers Facing Pedestrians, Bicylists, NY Injury Lawyer Says

A sign warning to yield to the crosswalk.

Too often motorists fail to watch for pedestrians and bicyclists.

This pedestrian car collision happened Tuesday on the very corner where our office is located in Elmira.

Police told the Star-Gazette that Verlyn Fortner, 41, was crossing a street in downtown Elmira Tuesday afternoon when he was struck by a car driven by Richard D. Matson, 61, of Elmira Heights. Police said Mr. Matson’s mirror struck Mr. Fortner as Mr. Fortner was in the crosswalk.

Mr. Fortner was hospitalized with possible broken bones and bruising, police said.

Mr. Matson was cited for Failure to Yield the Right of Way to a Pedestrian.

This is another in a long line of pedestrian and cyclist cases in Elmira in the last year where pedestrians/cyclists have been badly injured by inattentive motorists.

I am currently handling three of these cases where all three of the motorist defendants have the same excuse that they were looking the other direction for cars and simply did not look the other way to see if there were any bikes or walkers coming the other direction. I appreciate that motorists tend to look for BIG objects — other cars and trucks — but they have to also be looking out for smaller objects — walkers, runners, bikers, etc.

Driving is a privilege and one of the legal obligations that goes along with that privilege is the requirement to be attentive to ALL traffic conditions including motorcycles, bicyclists and pedestrians.

Here, the driver will not only face the penalties of the traffic ticket but will also face the potential civil lawsuit if the victim, Verlyn Fortner, consults with an injury lawyer. Quite frankly, Mr. Fortner would be smart to immediately consult with a lawyer who can advise him of his legal rights and help him navigate the complexities of who will pay what are likely to be huge medical bills and other expenses he will incur.  I hope Mr. Fortner will be OK and quickly recover from his injuries.

Thanks for reading.

Jim

_________________________________
James B. Reed
NY Car Accident Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and