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

 

 


For Pedestrians, All Crossings Are Danger Zones, Says NY and PA Personal Injury Attorney

pedestrian-accident-1024x682

A new national study of pedestrian safety has reported just how unsafe it is to be a pedestrian in 2019.

According to “Dangerous By Design 2019,” published by Smart Growth America, the number of people struck and killed while walking has increased by 35 percent in the last decade.

I am handling many more pedestrian injury cases than ever, which I attribute to more people driving distracted. I often notice when I am stopped at red lights that drivers immediately grab their phones and are texting. They often start rolling forward as they are finishing texts and clearly aren’t paying attention to pedestrians who may still be crossing in front of them.

The report smart growrth coversays drivers struck and killed 49,340 people across the country who were walking on streets between 2008 and 2017. As the authors pointed out, that’s more than 13 people dying every day. One pedestrian dies every hour and 46 minutes every month.

“Dangerous by Design 2019” reports that overall fatal traffic crashes fell slightly in 2017, but 2016 and 2017, the last two years for which there are data, were the most deadly years for walkers killed by drivers since 1990.

The National Highway Traffic Safety Administration (NHTSA) said that 5,977 pedestrians were killed nationwide in 2017. In 2016, there were 5,987 pedestrians killed in traffic crashes, a 9 percent increase from the 5,495 pedestrian fatalities in 2016. This is the highest number of pedestrians killed in one year since 1990.

Over a 10-year period starting in 2008, Florida appeared to be the most dangerous state for pedestrians, according to federal crash statistics. The Orlando-Kissimmee-Sanford area was the most dangerous in the country, with 656 fatalities in 10 years. Florida had eight of the top 10 most dangerous regions.

In 2016, California led the nation in pedestrian fatalities with 867. Florida had the second-most with 652, while New York (304) and Pennsylvania (169) had far fewer fatalities.

Here are some chilling statistics from a 2016 study by the NHTSA, its most recent data:

  • In 2016, pedestrian deaths accounted for 16 percent of all traffic fatalities.
  • Twenty-six percent of pedestrian fatalities occurred from 6 to 8:59 p.m. in 2016.
  • In 2016, one-fifth (20 percent) of the children 14 and younger killed in traffic crashes were pedestrians.
  • More than two-thirds (70 percent) of the pedestrians killed in traffic crashes were men in 2016.
  • Alcohol involvement — for the driver and/or the pedestrian — was reported in 48 percent of all fatal pedestrian crashes in 2016.
  • In 2016, 90 percent of the pedestrians killed were killed in single-vehicle traffic crashes.
  • One in five pedestrians killed in 2016 were struck in crashes that involved hit-and-run drivers.

In New York State, from 2012 to 2016, pedestrian fatalities ranged from a high of 336 in 2013 to a low of 264 in 2014. In that same time period, injuries ranged from a high of 16,278 in 2013 to a low of 13,413 in 2015.

In Pennsylvania, from 2013 to 2017, pedestrian fatalities ranged from a high of 172 in 2016 to a low of 150 in 2017. In crashes involving pedestrians from 2013 to 2017, the high was 4,375 crashes in 2013 and the lows were 4,001 in 2014 and 2015.

My advice to drivers: Put the phone down, even at stop signs and red lights – it’s the law! Watch for pedestrians, runners, bicyclists, motorcyclists, skateboarders, and more. Pay attention to your surroundings at all times.
My advice to pedestrians: Assume a motorist does not see you until you at least make eye contact. If you’re not sure that a driver will wait for you even after eye contact, signal the driver to be sure it is safe to cross. Never assume just because they see you that they will wait. Also, don’t be a distracted or drunk walker. Those are mistakes that can get you killed.
.

Thanks for reading,

Adam

Adam M. Gee, Esq.
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

 

 


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

Depositphotos_55923601_m-2015

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


Gov. Cuomo Calls For Tougher Laws For School Buses

141014_wn_faris0_16x9_992

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

 

 

 


What Twin Tiers Drivers Need To Know About Roundabout Safety

main photo

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

Capture

maxresdefault

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