What Twin Tiers Drivers Need To Know About Roundabout Safety

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Roundabouts have arrived in the Twin Tiers, and the circular intersections have confused many drivers.

Most drivers who rarely see roundabouts have had to learn to (1) slow down as they approach and be ready to yield, and (2), yield to traffic already in the roundabout as they prepare enter.

radialMotorists will find roundabouts on state Route 13 in Horseheads, at Franklin Street and Old Ithaca Road, and a new one in Newfield on Route 13. Many Chemung County-to-Ithaca commuters have learned to navigate roundabouts because they are a daily fact of life.

There are also two small roundabouts on Maple Avenue on Elmira’s Southside, and soon, the city of Elmira will have a high-profile roundabout on North Main Street just south of Elmira College, one of the high traffic areas in the city. The city is still lining up funding for construction of that roundabout after initial bids came in too high.

In this era of aggressive driving, it’s hard to get motorists to slow down and yield, so as we see more roundabouts, we could see more crashes.

The biggest lesson for Twin Tiers drivers? As you approach a roundabout, be prepared to yield to vehicles already in the roundabout when you arrive.

Many motorists shake their heads and argue that roundabouts aren’t needed, that traffic lights and stop signs work just fine, but transportation and highway safety officials say they are safer. Especially for left-turning traffic.

Andy Avery (WETM)

Andy Avery (WETM)

Andy Avery, the commissioner of public works for Chemung County, knows why roundabouts make sense for the Twin Tiers. Roundabouts, for one, have fewer conflict points in comparison with conventional intersections, he said.

“The potential for hazardous conflicts, such as right-angle and left-turn head-on crashes, is eliminated with roundabout use,” he said. “Additionally, roundabouts eliminate the vast majority of 90-degree and head-on crashes. Crashes are low speed and at an angle, generally reducing severity and damage.  Roundabouts eliminate most stopping situations for vehicles, increasing efficiency of the intersection, and reducing pollution caused by vehicle idling.”

Roundabouts are a relatively new way of designing intersections in our area, Avery said, so confusion and frustration are common reactions for motorists new to roundabouts.

“Drivers unfamiliar with roundabouts should take the time to read the signage and slow down,” he said. “The biggest challenge for drivers has been the realization that the perceived main route doesn’t always have the right of way.”

So, for example, if you are approaching a roundabout on Route 13, that doesn’t mean you have the right of way. If someone is in the roundabout as you approach, you must yield to them.

The roundabout is the best option for the North Main Street project in Elmira, Avery said.

“The roundabout will solve an oversized, multi-approach intersection (with a crash history) by creating a logical and safer progression through the intersection,” he said “It will reduce 90-degree crashes, lower speeds, and provide for easier access from the side streets.”

According to statistics reported by the Federal Highway Administration (FHWA) in the U.S. Department of Transportation, roundabouts result in:

  • More than 90 percent reduction in fatalities.
  • 76 percent reduction in injuries.
  • 35 percent reduction in all crashes.
  • Safer intersections for pedestrians because of the slower traffic.

Also from the FHWA:

“Roundabouts can provide lasting benefits and value in many ways. They are often safer, more efficient, less costly and more aesthetically appealing than conventional intersection designs. … The FHWA Office of Safety identified roundabouts as a Proven Safety Countermeasure because of their ability to substantially reduce the types of crashes that result in injury or loss of life. Roundabouts are designed to improve safety for all users, including pedestrians and bicycles.

“Most significantly, roundabouts REDUCE the types of crashes where people are seriously hurt or killed by 78 percent to 82 percent when compared with conventional stop-controlled and signalized intersections.”

Learn more about roundabouts from the FHWA, the New York State Department of Motor Vehicles, the Pennsylvania Department of Transportation, and the Insurance Institute for Highway Safety (includes a great Q&A).

Also download this PDF from FHWA: Safety Aspects of Roundabouts.

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

 


Danger Zones: Our Unsafe Roads and What You Can Do To Be Safer

car-accidents-on-the-rise-nationwide_0The latest motor-vehicle crash statistics from around the world down to the counties in the Twin Tiers remain grim, but there are a few bright spots in New York and Pennsylvania.

The number of traffic-related deaths worldwide reached a high of 1.35 million in 2016, according to news reports about the World Health Organization’s 2018 Global Status Report on Road Safety.

Capture1Although the report points out that progress has been made in certain areas, such as legislation, it has not happened quickly enough to meet the UN’s goals to halve road traffic deaths between 2016 and 2020.

Closer to home, New York and Pennsylvania roadway statistics continue to show how dangerous our roads are. And with the winter months ahead of us, dangers grow on our roads.

The numbers are eye-opening.

From the latest New York State report,
for the years 2012-2014:

On average there were 1,098 deaths each year due to motor vehicle traffic-related injuries, killing 5.6 of every 100,000 New Yorkers. The rates were highest for males and New Yorkers ages 65 and older followed by those 20 to 24 years old.

The rate of deaths due to motor vehicle traffic-related injuries decreased from a high of 8.4 per 100,000 residents in 2001 to a low of 4.9 in 2014.

On average, there were 12,093 hospitalizations each year due to motor vehicle traffic-related injuries, hospitalizing 61.5 of every 100,000 New Yorkers. The rates were highest for males and New Yorkers ages 20 to 24 years old, followed by those 65 and older.

41LFZQwEf1LThe rate of hospitalizations due to motor vehicle traffic-related injuries has decreased from a high of 87.5 hospitalizations per 100,000 New Yorkers in 2002 to 57.0 in 2014.

BY THE NUMBERS:

2017 national crash overview

Early 2018 national crash overview estimate

NY crash data summary 2014

PA 2017 crash statistics overview

On average. there were 136,913 emergency department (ED) visits each year due to unintentional motor vehicle traffic-related injuries, requiring the treatment of 696.6 of every 100,000 New Yorkers. The rates were highest for females and New Yorkers ages 20 to 24 years old, followed by ages 15 to 19.

The rate of ED visits due to unintentional motor vehicle traffic-related injuries decreased from 778.7 ED visits per 100,000 New Yorkers in 2005 to 685.8 in 2008. They increased to 731.0 in 2010, followed by a decrease until 2013 when the rate increased to 737.0. In 2014, the rate decreased to 683.1.

In Pennsylvania:

In 2017, there were 128,188 reportable traffic crashes in Pennsylvania. These crashes claimed the lives of 1,137 people and injured another 80,612 people. To add some perspective, the 2017 total of reportable traffic crashes is the twelfth lowest total since 1950, when 113,748 crashes were reported.

In 2016, there were approximately 101.1 billion vehicle-miles of travel on Pennsylvania’s roads and highways. The 2017 fatality rate of 1.12 fatalities per hundred million vehicle-miles of travel was the lowest ever recorded in Pennsylvania since the department started keeping records of this in 1935.

Here are the latest crash results available by counties in New York and Pennsylvania.

My observations:

The two biggest causes of collisions I have been seeing lately are distracted driving resulting in rear-end collisions and driving too fast for conditions (usually in snow but sometimes in rain).

One other big cause is left-turning cars that fail to yield the right-of-way to oncoming vehicles.

My best advice, based on more than 30 years of representing injured clients in crash cases:

  • Slow down this winter, because you never know when you will hit ice or frozen debris in roadways.
  • Turn the phone off until you are stopped or reach your destination. No peeking at traffic lights.
  • Beware of vehicles turning left or planning to turn left. Some people never turn their turn signal on, and some do but either don’t see you approaching or think they can make the turn before you are in the intersection. Approach intersections with extra caution because everyone seems to be in a hurry and in no mood to wait.

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

 

 


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

 


Beware of Insurance Adjusters! How to Navigate Your Insurance After a Car Crash

How-an-Insurance-Adjuster-Works-to-Limit-Your-Settlement

If you’ve ever been in a car crash, you’ve probably talked on the phone or in person shortly after the collision with an adjuster from your insurance company or the other vehicle’s insurance company. It’s a confusing time, often with police and ambulances and many other concerns in addition to your car insurance.

But if you have been in a crash, you’ll have to deal with insurance adjusters. They usually appear to be nice people, soothing and sympathetic. They are trying to make you think they are Here To Help You. They reassure you that they are recording your statement about the crash to get your version of events right away, and they’ll process your claim faster this way.

But before you get swept up in the frantic moments after a crash, remember this about insurance adjusters: They’re not your friends. They are doing their job, and that’s to save the insurance company as much money as possible on your crash.

public-insurance-adjusters-near-you_orig

Here are some great points to remember about insurance adjusters and recorded victim statements:

  • Most crash victims just want to do the right thing and honestly record what happened in their crash when meeting with an insurance adjuster. But when the recorder is running, many crash victims misstate the facts, ramble, and make incorrect assumptions that will hurt them in the long run.
  • They are recording your statement in hopes that once you get talking, you’ll make a mistake they can use later against you in a trial, deny your claim or pay you less money.
  • Most people are not prepared to be questioned by a trained investigator, so it’s best to decline the adjuster’s request for a recorded interview or statement. Once that red light is on on the recorder, you will forget things, or remember something incorrectly, or misspeak in some other way. It happens to everyone in a high-pressure situation. Of course, the adjuster will make it sound like a rejection makes you act like you have something to hide. Don’t fall for that line. Just politely decline and end the discussion. Get a lawyer and be prepared professionally for your statement.
  • If you want to talk to the adjuster, ask to schedule a follow-up call for the statement and take time to read the police report, revisit the crash scene, review the damage to your car, and read any medical records you can obtain. Call witnesses and review the evidence carefully. Finally, be sure to review your insurance policy.

Set some rules for yourself for the meeting with the adjuster:

  • Request that the adjuster take notes and not record your meeting, unless your insurance carrier required it in your contract.
  • Be honest but brief.
  • Focus on each question, briefly answer it, and don’t ramble.
  • Do not volunteer information.
  • Only explain when asked to do so, and do it briefly.
  • If you don’t understand a question, don’t answer it.
  • When it comes to distances and amounts and speeds and items like that, don’t guess or make assumptions.
  • You can’t remember everything. If you’re not sure about something, say you are unsure.
  • Don’t be bullied into answering questions.
  • No absolute words like “never” and “always”.
  • Speak slowly and clearly.
  • Never guess. If your answer is a guess, say you can’t answer the question.
  • Ask for a transcribed copy of your recorded statement and review it for accuracy.
  • Memories of collisions get jumbled. Don’t easily admit wrongdoing if you do not believe you were at fault.
  • Bring a witness when you speak to the adjuster.
  • Take notes of questions asked of you by the adjuster.
  • Do not sign anything unless an attorney on your behalf has reviewed it.

If you’re a crash victim and you’re concerned about dealing with insurance companies, contact the Ziff Law Firm to see how we can help you by calling (607) 733-8866 or emailing [email protected].

Be well and drive safely,

Jim

James 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

Many thanks to the lawyers at the Hepworth Holzer law firm in Boise, Idaho, who contributed to these tips.


When It Comes To Buying Car Insurance, Shop Local, Says NY and PA Personal Injury Lawyer

Police Captain Speaks on Elmira Shooting- Neighbor Reaction_14723095_ver1.0_640_360

This column was originally published in The Odessa File.

It’s not easy to convince people to invest more money in their car insurance.

I often meet people, and represent clients, who are underinsured, and when I advise them to budget more money for car insurance, I am sure that some wonder, “Why does he want the insurance companies to make more money?”

I represent injured people; I’m not a salesman for insurance companies. I don’t want you to give an extra penny to the insurance companies that you don’t have to, but the reality is, most people are underinsured — and being underinsured can be financially devastating. You need to have enough insurance to adequately protect yourself and your family.

But how do you decide what is enough insurance coverage? That’s the tough question, and the answer depends upon your unique circumstances: your income, your assets, the number of dependents, your health insurance coverage, and so on.

R1-1_MOD__34542.1522940971Because there are so many factors at play, my best advice is to consult an experienced, LOCAL insurance agent. Do NOT buy your insurance online or on the phone. Take the time to sit down face-to-face with an agent who can ask you the relevant questions and who can answer your questions. There are many excellent insurance agents in our area, so ask around and see who your friends and neighbors recommend. You are looking for an agent who will take the time to get to know you and your needs.

I know that the last thing anyone wants to do is spend a lot of time shopping for insurance, and it’s very tempting to just buy the cheapest insurance you can find online but the reality is that, no matter what, you are going to be spending a lot of money insuring your vehicle and home, so it’s important that you spend your money wisely to make sure you get the coverage you need. Take the time to do this important job of buying insurance correctly.

And as an absolute baseline for all New Yorkers, I recommend that you have at least $250,000 in Liability and Supplemental Underinsured Motorist (SUM) coverage. When a single helicopter flight to the hospital can cost $38,000 (I kid you not!) and a single day in the ICU more than $20,000, anything less in coverage is simply not enough.

Although I appreciate that my $250,000 recommendation is more than the $25,000 New York minimum, I would point out that this minimum coverage has not been increased in over 30 years while medical costs have skyrocketed. I think it’s ridiculous and financially foolhardy that state legislators in Albany have not increased the minimum limits, but regardless, you have the power to do the smart thing by buying enough coverage to protect you and your family. Better safe than sorry.

So get out your current policy and review your SUM and Liability limits. If you have a question about your car insurance policy, email me at [email protected] I will provide a free evaluation.

Be well and drive safely,

Jim

James 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

Legal News You Can Use: Check Out Ziff Law’s New Summer 2018 Newsletter

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Adam Gee, Christina Sonsire, Jim Reed, and Mike Brown.

 

The Ziff Law Firm debuts its new – and redesigned – free newsletter this week as the Summer 2018 issue arrives in mailboxes and inboxes around the Twin Tiers. It is filled with legal news that you can use – and much more.

Our cover story explains how our popular Veteran of the Game program came home to Elmira this summer.

Then we get to the legal news:

Our lawyers write about some of the key issues they encounter in their practices as they tackle these questions:

  • Do bicyclists in New York State have to operate by the same laws as vehicles? Ziff Law managing partner and noted bicycle law expert Jim Reed educates readers.
  • Is motorcycle insurance the same as car insurance? Partner Adam Gee, a longtime motorcyclist and motorcycle law expert, has some surprising answers.
  • Why does Ziff Law partner Christina Sonsire teach for a statewide legal education organization?
  • How does Ziff Law attorney Mike Brown’s family play a role in his legal practice?

And just for fun, we profile a downtown Elmira shop, a hidden gem that is in the “upcycling” business, in our Business Spotlight.

The owner of Nutmeg Upcycling, longtime downtown business owner Rich LaVere, talked to us about his growing business and why he keeps returning downtown.

We published a short interview in the print newsletter and there is a bonus longer interview with Rich here, where he talks about the challenges facing downtown and how the city can start turning things around. He’s an optimist!

At Ziff Law, we are committed to being environmentally responsible, so if you’d like to receive our free newsletter by email, send an email to us today at [email protected] and we will send you a PDF right away – and as a bonus, add your name for an upcoming drawing for a $50 gift card to Lib’s Supper Club in Elmira.

If you’d like to receive the newsletter by mail, call (607-733-8866) or email ([email protected]) us with your name and address and we’ll send it right out.

Happy reading!

Jim

James 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

NY Lawmakers Steer Motorists To Better Insurance Protection, Says NY and PA Personal Injury Lawyer

car-insurance

Most New York State motorists will now be better protected by their car insurance policies — and they didn’t even have to call their agents, thanks to the lobbying efforts of lawyers across the state, who finally persuaded Albany that it needed to reform the way insurance companies operate in the state. The New York State Trial Lawyers Association was among the leaders fighting for motorists.

Gov. Andrew Cuomo.

Gov. Andrew Cuomo.

New York Gov. Andrew Cuomo signed the Driver and Family Protection Act on Dec. 18, which improves Supplementary Uninsured/Underinsured Motorist (SUM) coverage for all motorists. The Senate and Assembly bills are here: S5644B and A8519A.

State lawmakers voted overwhelmingly in June to send the legislation to Cuomo’s desk. The Senate voted 62-1 and the Assembly 104-6.

This is why it is important to anyone who travels in a vehicle, not just drivers: the new law helps to protect New Yorkers who are involved in car accidents with drivers who are uninsured or underinsured.

Under the old law, an insured had to specifically request that their SUM policy limits be increased to match their liability limits.

Under the new law, an insured’s policy will automatically match the liability and SUM limits unless the insured specifically waives the increased SUM coverage by signing an opt-out form. (Why would anyone sign the form?)

I have always said SUM coverage is very important because it protects the insured and their family in the event they are involved in a crash with an uninsured/underinsured vehicle.

The automatically matching limits are great news for auto insurance consumers because the SUM coverage is the most critical component of your car insurance policy.

Here’s why: If you have an accident caused by another driver who has no or inadequate insurance, you could end up paying for your own recovery, and your medical bills could be staggering.

If you’re like most drivers, you accept the minimum levels of coverage to keep your costs down. But those low levels can get you in trouble if you have an accident, regardless of whether it was your fault.

Here’s an example: I once met with a local businessman who had $500,000 of liability coverage to protect others should he have an accident, but only the legal state minimum of $25,000 in SUM coverage to protect himself and his family in that very same accident.

Needless to say, he was shocked to learn that his insurance coverage was so deficient but happy to learn that he could add additional SUM coverage he needed for less than $10 a month.

I have met too many people who don’t learn about the need for sufficient SUM coverage until it is too late. Don’t be one of those families.

Insurance companies like to keep their customers in the dark. They do a terrible job of educating consumers and are far more interested in profits than helping their customers.

Make reviewing your car insurance policy one of your resolutions in the new year. Do it now, in fact. Make sure your insurance company follows the new law and sets your liability and SUM limits at the same amount.

If you have a question about your car insurance policy, email me at [email protected].

Thanks for reading!

Jim

___________________________________

James B. Reed
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

 

 


Before Your Holiday Road Trip, Review The Most Common Causes Of Car Accidents — And Be Prepared For A Safe Trip!

Car_crash_1

Patrick Allan recently wrote a timely story for LifeHacker about vehicle accidents – and what to look out for this holiday season (and any other time) – as you race about to your next distracted destination.

To get there safely, take a deep breath when you hop in the car and remember what Patrick wrote in “The Most Common Cause of Car Crashes.” Yes, his story is a reminder for drivers 365 days a year.

He suggests some basic safety procedures in addition to getting some sleep before driving – wear your seat belt, don’t drive while intoxicated, and avoid using your phone while driving. All good advice we should already be listening to every day.

Patrick also cites Steve Casner, a safety expert and author of “Careful: A User’s Guide to Our Injury-Prone Minds,” who used data collected for the National Motor Vehicle Crash Causation Survey for the U.S. Department of Transportation, to come up with  a post for Slate on the types of accidents that happen the most:

  • Falling asleep at the wheel: About 7 percent of all accidents and 21 percent of fatal crashes. Check out Patrick’s previous blog post about drowsy drivers for more information about just how dangerous it is, and how much sleep is ideal. (Hint: it’s NOT five hours a night.)
  • Loss of vehicle control: Accounts for 11 percent of all crashes. Always keep other driving variables in mind. Consider the weather, your vehicle’s maintenance, and other drivers.
  • Blind left turns: Accounts for 12 percent of all crashes. If you can’t see around that bus, don’t risk driving out into the intersection. Always stop and wait until you know the coast is clear.
  • Rear-enders: Accounts for 23 percent to 30 percent of all crashes. Pay attention to the car in front of you, watch for those brake lights, and always give yourself plenty of space to stop if you need to.
  • Not staying in your lane: Accounts for roughly 30 percent of all crashes. It doesn’t take much for a driver to drift out of their lane and cause a serious accident.

The rest of the causes involve things like rolling right on red lights, which Casner says accounts for 6 percent of all pedestrian fatalities – but 21 percent of those fatalities are children.

The survey also says about 36 percent of all “pre-crash events” occurred while drivers were turning or crossing at intersections. That’s why it’s critical that you always come to a complete stop, and then check carefully for pedestrians and vehicles, before turning or driving through.

Bottom line: Keep your eyes open after a good night’s sleep. Keep your eyes on the road, not your phone or satellite radio or anything else. Watch for pedestrians, bicyclists, motorcyclists, children, anything or anyone who is moving around you.

Thanks for reading!

Jim

___________________________________

James B. Reed
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

How Long Will My Car Accident Case Take? Answers from a NY & PA Car Accident Lawyer

Don't let insurance adjusters mislead you about the comparative negligence rule in New York State.

Immediately seek medical assistance and consult an attorney after a car accident.

Jessica Whitton, a freelance writer and paralegal, has written a good summary of the major steps in a personal injury lawsuit.

Before I summarize what she wrote, I want to point out one important factor:

Time is of the essence in IMMEDIATELY consulting a lawyer. There are many insurance companies who are training their employees to immediately contact an injured person with hopes that the can get that injured person to sign off on their claims before that person has a chance to learn the true severity of their injuries or the full extent of their possible claims.

Many times, these claims adjusters will mislead the vulnerable injured person, and accordingly, it is critically important that an injured person hire a lawyer to protect their interests.

Please remember the time for bringing a negligence claim in New York state is three years and two years in Pennsylvania.

Here is Jessica’s step-by-step approach to understanding the typical steps in a personal-injury lawsuit:

  • Seek Medical Attention: Immediately. Go to your doctor or closest hospital and get checked out. Immediately. As Jessica points out, it will give you an edge if your insurance company tries to prove that there was no injury and an immediate hospital visit shows the jury you were hurt.
  • Talk To A Lawyer: Call or email me if you have an accident, 24 hours a day, seven days a week: (607) 733-8866 or [email protected].  If I am not immediately available, I will get back to you ASAP.
  • Commencement Of Investigations: Starts immediately after your lawyer agrees to accept your case. Make sure to provide all pertinent information and be honest about the accident and your medical condition to avoid surprises in the courtroom.
  • Attorney Files An Insurance Claim: Jessica correctly writes that most personal injury cases get settled out of court but to be safe and well-prepared, at ZiffLaw we assume every case will go to trial. We have learned that if you are ready to go to trial, you have substantial leverage to achieve the best results for our clients.  In car accident cases, we submit a comprehensive settlement package to the at-fault driver’s insurance company detailing important information about your claim:  your injuries, lost wages, medical treatment, and any permanent limitations.
  • Attorney Files A Lawsuit: If the insurance company does not settle your claim out of court, your attorney may see no other option than to file a lawsuit.
  • Discovery: The plaintiff and defendant investigate one another using the documents and evidence submitted.
  • Mediation: Following the completion of discovery and before trial, the parties may agree to mediate the case with a trained mediator who attempts to broker a mutually acceptable settlement.
  • Trial: All parties are present as the jury hears the evidence in the case. Most car crash trials are relatively short– 3-4 days– but some more complex cases can take weeks or even months.

At ZiffLaw, we do everything in our power to keep our cases moving as quickly as possible.  With that said, we will not rush any case as we know achieving maximum recovery for our clients often requires us to do things the hard way, not the easy and fast way.  We truly believe our willingness to go the extra mile distinguishes us from other lawyers who are willing to accept an easy and fast settlement rather than do the hard work necessary to get the very best result.

Thanks for reading! Leave me a message below if you have any questions.

Jim

___________________________________

James B. Reed
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

Does Your Car Insurance Carrier Penalize You When You Were Not At Fault?

accident-frustration1

The Consumer Federation of America recently released new research that shows that safe drivers often see car insurance increases when they are involved in accidents  caused by other drivers.

car_insuranceAccording to the news release, in this new trend, some insurance carriers are penalizing their own customers when their customer did nothing wrong. It used to be that if you were involved in a collision that was not your fault, your own insurance company would not raise your rates. Makes perfect sense. Why should you be penalized when you did nothing wrong?

However, recently, a number of insurance companies decided to increase their profits by hitting their customers with significantly increased premiums when they had the misfortune to be involved in a crash that was not their fault. Two of the biggest New York carriers, Progressive and GEICO, were among the worst offenders of this new policy.

imagesInnocent drivers who don’t cause accidents should not be charged more because someone else hit them, J. Robert Hunter, CFA’s director of insurance and the former insurance commissioner of Texas, said in the news release. “Most people know that if they cause an accident or get a ticket they could face a premium increase, but they don’t expect to be punished if a reckless driver careens into them.”

CFA urged lawmakers around the country to prohibit penalties on innocent drivers. “Penalizing safe drivers hit by another car is not only very unfair; it also discourages them from filing legitimate claims,” Hunter said. “Lawmakers and regulators need to protect consumers from being punished when they’ve done nothing more than use the policy they have already paid for.”

CFA compared two good drivers – the only differences reflected in their socio-economic circumstances rather than their driving records – and found the following:

  • Higher-income drivers paid $78 more on average after a not-at-fault accident.
  • Moderate-income drivers paid $208 more on average after a not-at-fault accident.
  • Higher-income drivers faced a 6.6% penalty on average after a not-at-fault accident.
  • Moderate-income drivers faced a 9.6% penalty on average after a not-at-fault accident.
  • Excluding State Farm customers, who were never penalized, the average surcharges jumped to $99 (8.3%) for higher-income drivers and $264 (12.1%) for moderate-income drivers.

My suggestion: Contact your insurance agent and ask if your carrier has a policy of increasing premiums in not-at-fault crashes?

If so, I recommend you contact other insurance carriers as there are many carriers who do not increase premiums in this situation.

Thanks for reading,

Jim

___________________________________

James B. Reed
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