UPDATE: DOT Worker From Owego Who Was Hit By Trucker On Route 17 In Tioga County Dies

WENY-TV

WENY-TV

The New York State Department of Transportation worker who was seriously injured on March 13 when his truck was hit by a tractor-trailer on state Route 17 in Tioga County, NY, died Monday. Police said the driver of the tractor-trailer failed to obey the state’s Move Over Law.

The Tioga County, N.Y., Sheriff’s Office identified the DOT employee as 45-year-old Dennis Matthew Howe of Owego. He was airlifted on March 13 to Robert Packer Hospital in Sayre, where he died Monday.

The Sheriff’s Office said a tractor-trailer driven by 37-year-old Lawrence Faucett of Ulster, PA, struck the state DOT truck in the westbound lane between Exit 63 (to Lounsberry) and Exit 62 (to Nichols). DOT employees were performing roadway maintenance when the truck was hit.

Faucett was ticketed for Moving from the Lane Unsafely and Failure to Obey the Move Over Law. The investigation continues.

A GoFundMe account has been established to help Howe’s family with medical expenses. As of the morning of March 20, it had raised more than $15,000.

New York Gov. Andrew Cuomo ordered flags to be lowered to half-staff on all state government buildings in honor of Howe. Flags will be flown half-staff until Howe’s burial.

According to the governor’s office, Howe had been a DOT employee since 2006. Cuomo called Howe a “jack of all trades who was always eager to lend a hand to the team.”

Howe’s death is a tragic reminder of the dangers facing DOT workers face, Cuomo said.

“There is nothing routine about what our maintenance forces do to keep New York’s highways safe, and we have zero tolerance for anyone who flagrantly puts the lives and safety of our workers in jeopardy,” Cuomo said “This year, I called for stricter protections for transportation workers to send a clear message that New York stands with our workers.”

The NY Move Over Law requires cars to move over and slow down, if they can safely do so, for police, firefighters, ambulance workers, tow-truck drivers and other personnel as they work at crash scenes. Motorists are similarly required to move when construction and maintenance vehicles are stopped alongside roads – this includes New York State Department of Transportation vehicles who care for our highways.

The law, first enacted in 2011, was expanded in July 2016 to include volunteer firefighter and ambulance workers. In November 2016, sanitation vehicles, such as garbage and recycling trucks, were also added.

According to the New York State Department of Motor Vehicles, more than 100,000 people have been ticketed for failing to move over since 2011, including more than 12,000 in 2018.

The penalty for violating the Move Over Law is a fine of up to $150, or jail time of up to 15 days, or both. It also counts for two points on a driver’s license. A second offense within 18 months of the first one could double the amount of the fine, pushing it up to $300. A third offense in 18 months could lead to a fine of up to $450.

There are also steep state surcharges on moving violations: $88 or $93 upon conviction for violating New York’s Move Over Law, and there’s an impact on vehicle insurance: Studies confirm that being convicted of a moving violation can result in a rate increase of up to 20 percent, sometimes more.

The Move Over Law is important – it protects vulnerable people who are forced to work at the edges of roadways where cars, trucks and tractor trailers are flying by mere feet away.  Because the protected people are busy doing their job, they can’t pay as much attention to traffic as they would like.  When people violate the move over law, the results can be tragic, and injuries are certain to be very serious because of the speed of the moving vehicles.

The Move Over Law is a common-sense solution to give the protected workers room to do their jobs, so move over, slow down, and make sure everyone goes home safe at the end of the day.

Thank you for reading,

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

 


DOT Worker Hurt By Trucker Who Is Accused Of Violating Move Over Law, Says NY and PA Personal Injury Lawyer

WENY-TV

WENY-TV

A tractor-trailer driver is accused of violating New York State’s Move Over Law after police said his truck struck a New York State Department of Transportation vehicle, injuring a DOT employee, Wednesday morning in a work zone on State Route 17 in the town of Nichols in Tioga County, N.Y.

move-over-poster2News reports said the DOT employee, who police said was seriously injured, was airlifted to Robert Packer Hospital in Sayre. Police did not identify the DOT employee or release any other information about the extent of the DOT employee’s injuries.

The truck driver, Lawrence Faucett, 37, of Ulster, PA, was ticketed for Failure To Move Over and Moving From Lane Unsafely.

The Tioga County, N.Y., Sheriff’s Office was assisted by the Owego Fire Department, New York State Police Commercial Vehicle Enforcement, New York State DOT, and Guthrie Air Medical.

The NY Move Over Law requires cars to move over and slow down, if they can safely do so, for police, firefighters, ambulance workers, tow-truck drivers and other personnel as they work at crash scenes. Motorists are similarly required to move when construction and maintenance vehicles are stopped alongside roads – this includes NYS Department of TRansportation Vehicles who care for our highways.

The law, first enacted in 2011, was expanded in July 2016 to include volunteer firefighter and ambulance workers. In November 2016, sanitation vehicles, such as garbage and recycling trucks, were also added.

According to the New York State Department of Motor Vehicles, more than 100,000 people have been ticketed for failing to move over since 2011, including more than 12,000 in 2018.

The penalty for violating the Move Over Law is a fine of up to $150, or jail time of up to 15 days, or both. It also counts for two points on a driver’s license. A second offense within 18 months of the first one could double the amount of the fine, pushing it up to $300. A third offense in 18 months could lead to a fine of up to $450.

There are also steep state surcharges on moving violations: $88 or $93 upon conviction for violating New York’s Move Over Law, and there’s an impact on vehicle insurance: Studies confirm that being convicted of a moving violation can result in a rate increase of up to 20 percent, sometimes more.

The Move Over Law is important – it protects vulnerable people who are forced to work at the edges of roadways where cars, trucks and tractor trailers are flying by mere feet away.  Because the protected people are busy doing their job, they can’t pay as much attention to traffic as they would like.  When people violate the move over law, the results can be tragic, and injuries are certain to be very serious because of the speed of the moving vehicles.

The Move Over Law is a common sense solution to give the protected workers room to do their jobs, so move over, slow down, and make sure everyone goes home safe at the end of the day.

Thank you for reading,

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

 

 


To Keep Roads Safe, Clear Snow And Ice From Your Vehicles, Says NY and PA Personal Injury Lawyer

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Many of our vehicles are covered with ice and snow from our recent winter storm, and we are about to get hit with more over the next two days.  If we don’t remove that snow and ice before hitting the road it will take to the air, often hitting other vehicles or pedestrians. It’s bad enough when it’s just snow, but given all of the ice we endured recently, it makes those flying snow piles even potentially deadlier weapons.

A Syracuse-area man driving on Interstate 690 said this week that snow and ice that flew off the top of a tractor-trailer smashed the passenger side of his windshield. He was able to pull over safely, but not everyone is that lucky.

“The only way I could describe it is when I saw it, it looked like a giant kite, and it kind of just hung there in the air,” Scott Johnson told the news media.

this-is-safest-way-remove-snow-car-503844496-ratmanerA body shop in Syracuse told the news media it had received at least 60 calls for broken windshields just in one day.

One good rule of thumb when traveling among trucks this time of year: slow down and give them a lot of room, because you never know when snow and ice will be sent flying, especially as the weather warms up.

Also, check your insurance policy and be sure it covers repairs for a shattered windshield.

“What happens quite often is that you’re not aware of who the other person is, whether they’re passing you, you’re passing them, and again, that person may not know that ice came from their vehicle,” said Trooper Jack Keller of the New York State Police.

To protect other motorists – and spare yourself a possible lawsuit if snow and ice off your vehicle causes a crash or damage – consider buying a push broom or snow rake for the top of your vehicle.

In addition to the threat of shattering another driver’s windshield, snow and ice flying off your vehicle can  reduce visibility for other drivers and lead to a crash.

According to AAA, in a 2009 survey, 54 percent of motorists said they never or rarely remove accumulated snow and ice from their vehicles.

New York and Pennsylvania both have laws regarding the removal of snow and ice from vehicles.

In New York, drivers with more than three inches of snow on their roof or cargo area more than three hours after a storm could face $150 to $850 in fines.

In Pennsylvania, the law states: “When snow or ice is dislodged or falls from a moving vehicle and strikes another vehicle or pedestrian, causing death or serious bodily injury, the operator of the vehicle from which the snow or ice is dislodged or falls shall be subject to a fine of not less than $200 nor more than $1,000 for each offense.”

No matter where you are, if snow and ice from your vehicle flies off and causes a crash, you could be held responsible for it.

Be a responsible and safe motorist and be sure to remove the snow and ice on your vehicle before turning the key.

Thank you for reading,

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


Deadly Snowmobile Crashes A Reminder Of Dangers Amid Winter Fun, Says NY and PA Personal Injury Lawyer

NH Snowmobile Registration

It’s been a dangerous and tragic winter for snowmobilers in New York State. According to news reports, at least 10 people have died this winter in snowmobiling crashes.

In the Twin Tiers, the husband of a woman killed on Jan. 21 in a snowmobiling crash is facing multiple felony charges in her death.

David A. Gee, 45, of Addison, has been charged with second-degree vehicular manslaughter, driving while intoxicated, and aggravated driving while intoxicated, as well as a misdemeanor charge of operating a snowmobile while intoxicated.

The Jan. 21 crash, on state Route 417 in the town of Tuscarora, killed Gee’s wife, Billie Jo McIlwain-Gee, who was a passenger.

Police said they were not wearing helmets when David Gee entered Route 417 from private property and struck a Chevrolet Astro Van. McIlwain-Gee was pronounced dead at Guthrie Corning Hospital in East Corning.

Police said David Gee failed to yield the right of way to the van.  Under NY law, any snowmobile crossing a road must first come to a complete stop before crossing and is also required to yield the right of way to any vehicle on the roadway.

rainy-lake-593053-unsplash-810x540The fatal Addison snowmobile crash has two of the most dangerous combinations, according to police: alcohol and no helmets.

NY law requires all drivers and passengers on a snowmobile to wear a helmet and NY law prohibits the operation of a snowmobile while intoxicated.  Both of these are good common-sense laws.

I think another common-sense law should be a state-approved snowmobile safety course for all operators but currently the law only requires a safety course for operators between the ages of 10 and 18.

There have been many other crashes across the state in recent months, according to news reports:

  • Feb. 1, Herkimer County: A 56-year-old Stony Point man, stepped off his snowmobile and was struck and killed by another operator.
  • Jan. 26, Fulton County: A 27-year-old snowmobiler was found dead near his snowmobile. The investigation continues.
  • Jan. 18, Oneida County: A 45-year-old Boonville man was killed when he struck a tree and was thrown from his snowmobile.
  • Jan. 18, Fulton County: A Dutchess County man hit a fracture in the ice on Great Sacandaga Lake and was killed when he was ejected. Police said speed, lack of visibility, and inexperience were factors.
  • Jan. 13, Herkimer County: A 45-year-old Clay woman lost control of her snowmobile and was killed when she struck a tree and was ejected. Speed was a factor, police said.
  • Dec. 9, Herkimer County: An 18-year-old Adams man was killed when his snowmobile hit a ditch and then a tree.
  • Dec. 7, Herkimer County: A 23-year-old man from Somerset, N.J., was killed when he lost control of the snowmobile and was thrown down a steep embankment. Speed was a factor, police said.
  • Dec. 7, Hamilton County: A 46-year-old Yates County man was killed when he lost control of his snowmobile on a curve and struck a tree. Speed was a factor, police said.

Safety tips

The International Snowmobile Manufacturers Association (ISMA) offers a series of safety tips. They include:

  1. Do preventive maintenance: Make sure your snowmobile is in proper working order before each ride. Follow the guidelines in your owner’s manual and ask your local snowmobile organization about any safety or maintenance programs it may offer. The Safe Riders! Snowmobile Awareness Safety Program, which ISMA sponsors, offers a pre-ride checklist to help you get started.
  2. Wear proper attire: Be prepared for changing weather conditions by dressing in layers, with windproof gear on the outside. You can remove or add layers as needed. In addition, wear warm gloves and help protect your head and your vision with a safety-certified helmet, sun protection goggles and a visor.
  3. Bring a friend: Use the buddy system. You never know when it may prove helpful to have another person with you out on the trails.
  4. Follow the rules of the road: Use caution when crossing any road. Coming to a complete stop, ensuring no vehicles are coming from any direction and crossing at a right angle may help you travel safely.
  5. Communicate carefully: It’s a good idea to clearly communicate your plans to others. That includes leaving your planned route with friends or relatives before you head out so they can send for help if you don’t return on schedule. And, once you’re on the trails, be sure to use hand signals to communicate with other nearby snowmobilers and drivers.
  6. Remain alert: Keep your eyes on the vehicle ahead of you rather than on its taillights. When you watch the taillights, you’re less likely to notice if the snowmobiler in front of you swerves a bit to avoid hitting something. Also, if it’s dark or overcast, be sure to drive slowly enough to see what your headlights reveal.
  7. Avoid frozen water: Don’t ride your snowmobile over a frozen lake or river. You may risk falling through the ice or having much less traction that you do on snow. In addition, if other snowmobilers enter the ice from another direction, collisions may result.

Learn more about riding in New York and Pennsylvania.

You can also review the state laws: NY snowmobiles and PA snowmobiles.

Thanks for reading,

Jim

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

 


Limo Companies, As Expected, Challenge Proposed Stretch Limo Crackdown, But Cuomo Plan Makes Sense

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Gov. Andrew Cuomo’s proposed ban on remanufactured limousines – like the one in October’s fatal crash in Schoharie County that killed 20 people – would be a good step toward ensuring safer limo experiences across New York State. Many Twin Tiers residents use them for weddings, proms, and Wine Country tours, among other occasions, so it’s time to stop their use for now and consider if we they can be made safer.

Gov. Andrew Cuomo.

Gov. Andrew Cuomo.

Of course, in Albany, the lobbyists – limo industry trade groups – are putting pressure on state lawmakers to oppose the ban, which claims it is already struggling with high taxes and competition from ride-share companies like Uber and Lyft.

Cuomo is proposing a good look at the limo industry, but there are plenty of other limo and bus choices beyond the remanufactured or stretch limos. Many of the stretch limos are remanufactured professionally and safer than the ones remade inexpensively at the garage down the street.

The limo involved in the deadly Oct. 6 crash is accused of circumventing state Department of Transportation inspections and oversight.

When limo company owners stretch the body, do they take into account the other systems, like the brakes, that likely need to be enhanced for the heavier load?

One of the most important parts of Cuomo’s proposal is ending the seat-belt exception for limos, buses, taxis, and other multi-person vehicles, including school buses. I wouldn’t get into a stretch limo with 15 other people unless we all had seat belts available.

According to news reports, in addition to an outright ban on stretched limousines, Cuomo’s proposals would:

  • Make it a felony for any owner/operator to tamper with a Federal Motor Vehicle Safety Standard tag or vehicle inspection sticker, or remove an “out of service” sticker placed by a DOT inspector from a vehicle without having the vehicle re-inspected and cleared by DOT to return to service.
  • Create new criminal penalties for any DMV-regulated inspection station that illegally issues an inspection sticker.
  • Require mandatory reporting by inspection stations to DMV if a vehicle attempts an unauthorized inspection.
  • Increase the civil penalty to a maximum fine of $25,000 per violation for any person found operating with suspended DOT “operating authority” or operating a vehicle without such authority.
  • Prohibit U-turns for larger vehicles on all roads within the state.
  • Establish stronger registration suspension and vehicle impoundment powers, including “an explicit process for immediate suspension of operating authority by the DOT Commissioner in circumstances that endanger the health, safety, and welfare of the public.”
  • Subject multiple violators to the potential for civil forfeiture of vehicle.

Cuomo also wants to require drivers to hold a Commercial Driver’s License (CDL) with a special passenger endorsement to operate a for-hire vehicle with eight or more passengers so the drivers would hopefully receive more training and would be more closely regulated.

Some limo company owners are urging state lawmakers to better enforce the existing laws and not ban stretch limos.

“The industry is dead if you ban all (stretch) limos,” Fred Visconti, owner of Visconti Limousines in Newburgh, told the news media. “The answer is to better enforce the regulations we already have, and make companies follow the engineering standards we already have.”

Other limo company owners have said bad owners are dragging down the owners who obey the state laws already in place. Some support monthly inspections and tighter regulations, but not an outright ban.

The president of the Limousine, Bus, Taxi Operators of Upstate New York, Kevin Barwell, said he’s not sure a ban will resolve the problems with stretch limos.

“I think personally the state has a tendency to overreact,” Barwell, the owner of Giorgio’s Limousine Service in Buffalo, told the news media. “Obviously, our members are very upset. This is their livelihood.”

Barwell also has proposed a compromise that would not ban stretch limos outright but limit their size to double the original seating capacity or limit ownership to just 10 years. He said the October crash was not related to how the vehicle was re-manufactured. “This is an unfair action.”

Cuomo, however, said the deadly October crash was a shock to the state and it needs to act.

“We are advancing reforms that will give aggressive new powers that will allow authorities to take dangerous vehicles off the roads without delay, hold unscrupulous businesses accountable, and increase public safety in every corner of New York.”

Thanks for reading,

Jim

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

 


Gov. Cuomo Calls For Tougher Laws For School Buses

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The number is staggering: 150,000 motor vehicles illegally pass school buses in New York State EVERY YEAR, according to state law enforcement agencies’ estimates. That’s 150,000 drivers in 180 school days a year!

Gov. Andrew Cuomo.

Gov. Andrew Cuomo.

To address that stunning statistic, Gov. Andrew Cuomo has proposed some important changes to make our streets and roads safer for schoolchildren getting on and off buses at all times of the day. And with a Democratic-controlled Legislature behind him, Cuomo’s proposal has a good chance of becoming law.

In his recent 2020 budget proposal, which is supposed to be approved by the Legislature by April 1, Cuomo called for authorizing school districts to install cameras in the stop-sign arms on buses to capture photos of vehicles and drivers that break the law.

He also wants to increase the fine for passing a stopped school bus, and here’s what could be the biggest change for New York State families and schools:

Cuomo wants to require all students to wear seat belts on school buses.

New York State’s school bus seat belt law requires all school buses manufactured after July 1, 1987, to be equipped with seat belts BUT the state does not currently mandate seat belt use on school buses, but rather, leaves the a decision to each school district.

Many of the local districts don’t require student seat belt use, according to transportation policies on their district websites.

The proposal, which has a good chance of becoming law, could lead to some short-term headaches for school districts and their bus drivers as they get students in the habit of buckling up.

“The safety of New York’s schoolchildren is our top priority and reckless drivers who put our kids in danger must be held accountable,” Gov. Cuomo said in announcing the proposal. “Motorists have a responsibility to pay attention and abide by the law, especially when driving in the vicinity of school buses, and these measures will ensure students make it to and from school safely and help prevent needless tragedies.”

downloadState Senator Tom O’Mara of the Southern Tier supports Cuomo’s proposal.

“The State Legislature has taken many actions to strengthen school bus safety and to continually try to encourage, enhance and enforce motorist safety,” he said in a prepared statement. “I believe it should be a fundamental priority and responsibility. The Governor has thrown his support behind commonsense actions this session, including the installation of stop-arm cameras on school buses, which the Senate unanimously approved last year. This action can make a difference and I strongly support its inclusion in this year’s budget.”

In New York, Cuomo said, 1.5 million students ride school buses to and from school every year.

The penalties in New York State and Pennsylvania for passing a stopped school bus are stiff and will likely get tougher soon in New York.

According to New York State’s Operation Safe Stop, the penalties for passing a stopped school bus now are:

First conviction, fines from $250 to $400 and up to 30 days in jail.

Second conviction, $600 to $750 in fines and up to 180 days in jail.

Third conviction, $750 to $1,000 in fines and up to 180 days in jail.

In Pennsylvania, drivers convicted could face a $250 fine and a possible 60-day suspension of their license.

What do you think of mandatory seat-belt use on school buses? Please add your comments below ….

If you want to learn more:

Cuomo announcement.

New York’s Operation Safe Stop.

PENNDOT school bus safety information.

U.S. Department of Transportation on School Bus Safety.

Thanks for reading,

Jim

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

 

 

 


New Year, Many New NY and PA Laws For Twin Tiers Residents

Home_Sold

Twin Tiers residents face some new state laws that could impact their lives in 2019.

In New York and Pennsylvania, some of the new laws established in 2017 and 2018 take effect in 2019. In NY, state lawmakers in Albany debated and approved minimum wage increases, more paid family leave, and much more. In PA, state lawmakers in Harrisburg toughened penalties for DUIs and domestic violence and closed a gun show loophole among a group of new laws.

The New York State Legislature begins meeting Jan. 9 and the Democrats have a lot on their plate because they control the state Assembly and Senate, and are led by a Democrat, newly re-elected Gov. Andrew Cuomo. A big topic of debate in 2019 will be the possible legalization of recreational marijuana in the state.

The Pennsylvania Legislature returned Jan. 7 with the Republicans still having the majorities in both chambers. There are a record number of female lawmakers who will join the fight in tackling redistricting, education, and pension reform, among many other issues, and will be expected to better address the opioid crisis.

Here is a summary of what you need to know:

New York

■ Good news for many New York homeowners: Property tax rebate checks will increase an average of $530 this year for STAR-eligible homeowners earning $275,000 or less a year in property tax-compliant school districts.

Dollars■ The minimum wage upstate increased to $11.10 an hour, up from $10.40 an hour, on Dec. 31. It was the third straight year that the wage was increased and is part of a phased-in increase that will continue through 2021.

In New York City, small employers with no more than 10 employees will pay $13.50, up from $12. Large employers, with 11 or more employees, saw the increase jump from $13 to $15 an hour. In Long Island and Westchester County, the wage increased from $11 to $12.

As usual when there is a rate hike, some business owners said they will pass the increased labor costs on to their customers, or their business may close. Worker advocates say the increases are good for all minimum-wage employees.

Eligible employees denied the wage increase can call a state hotline to report noncompliant employers: 1-888-4-NYSDOL.

Vounteer-FD■ Volunteer firefighters diagnosed with certain forms of cancer after Jan. 1 will be eligible for state disability coverage. The firefighters must have served at least five years to get access to the tax-free disability and death benefits.

To learn more about which forms of cancer are included, contact your state lawmakers or read the state’s frequently-asked questions document about the New York State Volunteer Firefighter Gap Coverage Cancer Disabilities Benefits Act, which was approved in October 2017.

■ The state has increased paid family leave from eight weeks to 10 weeks. Eligible employees can take that time off for a new child, a sick family member or to help a family member when another member of the family is deployed on active military service. The number of weeks will continue to increase for the next two years, to 12 weeks in 2021. Learn more here.

■ Drugstores and mail-order pharmacies required to give consumers the ability to return unused prescription drugs through free drop boxes, prepaid envelopes or other secure avenues. The Drug Take Back Act is trying to discourage the flushing of unused drugs into sewers.

■ Health insurers are now required to provide prostate cancer screenings to men free of co-pays or deductibles. Health insurers are also required to let consumers know about the feature.

■ A new law that takes effect on Jan. 30 will allow state correction officials to screen inmates for homemade weapons using body scanners. The weapons, often ceramic craft blades found in cutting tools but not detected by metal detectors, have been used to injure correction officers, state officials said.

■ Diaper-changing tables are now required in new or renovated public men’s and women’s restrooms.

Pennsylvania

police-lights■ First felony DUI law: Those convicted of repeatedly driving under the influence face the state’s first felony for DUI, which went into effect on Dec. 23. A driver could face the felony charge when they have been arrested for a third offense in a decade with at least twice the legal limit for alcohol (legal limit is .08 percent), or if they are a fourth-time offender. All previous DUI offenses were misdemeanors.

Longer jail sentences are also likely for those who unintentionally cause someone’s death because of their repeated DUI violations.

■ Domestic violence: Abusers facing final Protection From Abuse orders are required to surrender their firearms to police and not family members or friends.

A new law also lets judges use risk assessment tools to determine if an abuser continues to be a threat to victims, and the same tools can be used to determine bail amounts.

■ Firearms: The law was changed to close the “gun show loophole” that let guns be sold without a state police background check.

■ School bus cameras: A new law helps schools buy external cameras to catch images of anyone driving around a stopped bus.

December 1986 Miami, Florida, USA

■ Saving animals: Law enforcement officers can now remove pets from motor vehicles without being liable for damage. It’s called the Motor Vehicle Extreme Heat Protection Act.

■ Hazing: A new law toughens penalties for hazing and makes sure colleges and universities set up anti-hazing safeguards to protect students.

■ Opioid crisis: With the drug problem in mind, lawmakers grant grandparents guardianship rights for grandchildren for 90 days to one year if parents are unable to care for the children.

■ Sentencing change: Drivers’ licenses can no longer be suspended for non-driving infractions.

■ Criminal appeals: The state extended the filing period for post-conviction relief appeals – when people argue their defense lawyer was ineffective in cases that ended in criminal convictions – from 60 days to one year.

■ Clean Slate Law: The new law lets people with 10-year-old criminal records ask to get those records sealed if their crime was a nonviolent misdemeanor and included a sentence of one or more years in prison. The person must also not have any new convictions in the 10-year period.

The law also authorizes the automatic sealing of second- and third-degree misdemeanor convictions that ended in sentences of less than two years – also if there are no new convictions in the last 10 years.

■ Skimmers: A new law criminalizes the card readers that illegally gather data from credit and debit cards.

■ Drones:  The penalties have become tougher for those who use a drone to stalk or monitor another person outside of the scope of law enforcement.

Thanks for reading,

Jim

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

 

 


Ziff Law’s Jim Reed Named Lawyer Of The Year For Southern Tier Region In 2019

Jim Reed, Ziff Law Firm

Jim Reed of the Ziff Law Firm has been named the 2019 Plaintiffs’ Lawyer of the Year among personal injury lawyers in the Southern New York Region, which encompasses a region from Binghamton to Corning and Elmira to Ithaca.

Jim, the managing partner of the Ziff Law Firm, will again be included in the Best Lawyers directory, a nationally recognized resource used to locate the best-qualified attorneys by region. Jim was also named Lawyer of the Year in 2015 and 2017.

According to the Best Lawyers directory, one lawyer in each practice area and designated metropolitan area is honored as a Lawyer of the Year, making it a significant achievement for Jim.

Attorneys are selected based on peer reviews and the recognition reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

Jim’s clients weren’t consulted, but many agree with Best Lawyers’ designation.

  • Thomas of Amherst, NY: “After a traumatic bike crash, I was thankful I was able to lean on Jim’s experience and expertise. He was upfront with me from the beginning and went the extra mile at the end and was able to get a higher settlement than what was originally expected from the insurance company. I am very appreciative.”
  • John and Sylvia of Horseheads: “John was in a severe rear-ending collision and Jim was always there to help no matter when we needed him. Jim and the Ziff Law Firm handled everything. After Jim acquired a sizable settlement, Ziff Law took care of paying our debtors and made sure we had a good investment for our future. Jim is a hard-working, concerned, passionate, and dedicated attorney.”
  • Terri of Big Flats: “After being involved in a motor vehicle crash, we hired Jim and his team and it was the best decision we could have made. Jim is a fantastic attorney. Just as important, he is a fantastic person. Jim never promised us the moon. He was careful to advise us of the good and the bad that could happen. Many places will tell you anything to get you as a client; this was not the case with Jim. His approach was full of professionalism, kindness and compassion, integrity, and patience.”

Congratulations, Jim!

 


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

Capture1Winter arrived way too early in the Twin Tiers.

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

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

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

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

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

You can watch my WENY segment here.

 

 

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

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

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

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

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

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

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

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

 

Thanks for reading,

Jim

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

 


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

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

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

So be prepared.

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

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

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

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

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

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

If you strike a deer …

Mike Brown.

Michael Brown.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thanks for reading,

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