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

 


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

 

 

 


UPDATE: Child Victims Act Approved, Opening Courts To More Child Sex Abuse Victims

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UPDATE ON JAN. 29, 2019:

New York Gov. Andrew Cuomo will sign the long-awaited Child Sex Act into law after the Democrat-controlled New York State Senate approved it unanimously on Monday, Jan. 28, in Albany. The new law will give victims of child sexual abuse, regardless of how long ago the crimes occurred, the chance to pursue civil justice against their abusers and the institutions that seemingly protected them,.

The state Assembly, also controlled by the Democrats, previously approved the legislation 130-3, so the legislation goes to Cuomo.

The law opens the state’s tough statute of limitations on sex crimes against children and provides a one-year window for crimes from any time in the past.

According to news reports, the Child Victims Act:

  • Extends New York’s statute of limitations to allow for criminal charges against sexual abusers of children until their victims turn 28 for felony cases, up from the current 23.
  • Allows victims to seek civil action against their abusers and institutions that enabled them until they turn 55.
  • Opens a one-year, one-time-only period to allow all victims to seek civil action, regardless of how long ago the abuse occurred.

Previously …

The New York State Legislature appears finally ready to give new hope to the victims of child sexual abuse and their families. The Child Victims Act, if approved this year, is expected to extend the statute of limitations for sexual crimes against children, allowing more victims to sue their attackers and the institutions they represented.

In 2019, with the Democrats leading the Senate and Assembly under Democratic Gov. Andrew Cuomo, the long-debated Child Victims Act may finally be approved by state lawmakers. The Republican-controlled Senate in the past had blocked the legislation after the Democrat-controlled Assembly passed it.

The legislation may give past abuse victims a one-year window to file civil claims, regardless of when the abuse happened. The one-time measure has powerful opponents in Albany, including the insurance industry and the Catholic Church.

Cuomo is expected to highlight the legislation in his executive budget proposal, which will be introduced Tuesday, Jan. 15, in Albany.

To summarize, according to recent news reports, the proposed legislation does the following:

  • Extends or eliminates the statute of limitations for future criminal sexual cases involving a child under the age of 18, which would give victims more time to come forward after they become adults.
  • Extends the time limit for victims to sue in civil court to the time they turn 50.
  • Opens a one-year window for all past victims of child sexual abuse to file civil claims, regardless of when it happened.

The most serious felony sexual crimes against children already have no statute of limitations, so prosecutors can’t be restricted from bringing charges because of how much time has passed.

Gov. Andrew Cuomo.

Gov. Andrew Cuomo.

But there is a five year statute of limitations for other lower-level felonies that begin when the victim turns 18. A 2018 bill proposed by Cuomo called for dropping any time limit but the Legislature’s bill would start the five-year statute of limitations when the victim turns 23.

The bill’s sponsors call the so-called “look-back period” the key part of the legislation. If approved, the one-year period would begin six months after the bill is signed. In that next year only, victims would be able to seek civil relief from people or institutions, regardless of the victim’s age or when the abuse occurred.

News reports said insurance groups have strongly lobbied against the look-back period for obvious reasons: They would likely face pressure to pay out damages to victims of institutions the insurers count as clients for claims that had been previously barred by the statute of limitations.

The state Catholic Conference, which represents the state’s Catholic dioceses, has also targeted the look-back period, saying it appears it would only apply to private institutions — like the Catholic Church — and not schools and governments, according to news reports. The bill sponsors said it applies to both.

The dispute is over what’s known as a “notice of claim,” which has to be filed within 90 days of an act and serves as an extra layer of protection that public institutions have against being sued.

But last week, news reports said Cuomo’s office announced the Child Victims Act in his budget would eliminate the need for a notice of claim when a sex crime is committed against a child.

Cuomo also wants judges to attend required training on how to handle cases involving children who are sexually abused. The legislation would also let the state Office of Court Administration establish rules for adjudicating revived claims against abusers in the past.

Thank you for reading,

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

 

 


Elmira Seeks Safer Streets With New Transportation Plan

Elmira City Hall.

Elmira City Hall.

Our streets could soon be getting safer in the city of Elmira and Chemung County.

That’s because the city of Elmira and town of Southport are among the communities that have taken positive steps forward recently in adopting Complete Streets policies and designs in hopes of making our streets safer for bicyclists, motorcyclists, and pedestrians as well as improving traffic flow.

Nicolette Wagoner.

Nicolette Wagoner.

Elmira City Council voted unanimously recently to adopt the program, which is in compliance with state law and the state Department of Transportation guidelines. According to a 2011 state law, state, county, and local agencies must consider all users’ convenience and mobility, not just the needs of motorists, when planning transportation projects that receive state and federal money. The Southport Town Board had previously approved it.

Chemung County Planning Commissioner Nicolette Wagoner and county Public Works Commissioner Andy Avery, who wrote the proposal that was approved by Elmira council members, showed real vision for a safer future for all people in drafting and supporting this policy.

Andy Avery.

Andy Avery.

Complete Streets, adopted as law in New York State, targets the improvement of transportation options in all communities for residents of all ages and abilities. That means all street construction and reconstruction projects need to be accessible to people with disabilities and safe for everyone, regardless of the method of transportation.

Complete Streets is the work of Smart Growth America, founded in 2000, to help communities plan smarter and safer development and today is a leading advocate for federal programs that support neighborhood development.

According to Smart Growth America, Complete Streets:

  • Improves safety while incomplete streets put people at risk.
  • Promotes good health while incomplete streets restrict physical activity.
  • Makes for a good ride on mass transit while incomplete streets are a barrier for riders and good service.
  • Improves mobility for older Americans while incomplete streets are a problem for older Americans.
  • Helps people with disabilities while incomplete streets impede livability.
  • Stimulates the local economy by steering people to mass transit, which pays a “green dividend,” allowing residents to spend their money in other ways in the community. This happens in cities of all sizes.
  • Is equitable streets for everyone, regardless of age, ability, ethnicity, income or travel mode, while incomplete streets are dangerous, especially in low-income communities that are disproportionatey affected by unsafe streets. In counties where more than 20 percent of households have incomes below the federal poverty line, the pedestrian fatality rate is 80 percent higher than the national average, the report says.
  • Helps keep kids save while incomplete streets are a barrier for children: fewer children riding bikes to school and increased childhood obesity rates are among the outcomes.
  • Fights climate change instead of incomplete streets hampering climate change strategies. We need more people walking, riding bikes, and taking mass transit to work and fewer motorists driving their own cars as carbon emissions continue to soar.

Wagoner, the county planning commissioner, told the Star-Gazette that the program isn’t a mandate but it encourages communities to look at all users when planning street projects.

“This shows Elmira cares about all modes of transportation, making roads safe for vehicles, pedestrians, and bicyclists,” she said. “It’s not a requirement but it’s a nice thing to do, and it helps us when we fill out applications for grant funding. For the federal aid we receive, DOT requires you do Complete Streets.”

In the past, Wagoner said, cities were designed with wider streets to favor automobiles. “We have to fix the mistakes that were made 40 years ago. We’re talking about making crossing distances shorter, talking about where to put crosswalks. I think adding on-street parking will show traffic down.”

She pointed to East Water Street, from Madison Avenue east to the Interstate 86 exit ramp, as an example of a street with little or no on-street parking. Because of the wider street and few if any parked cars, motorists tend to go faster. More parkers will slow drivers.

Many streetscape improvements, including work toward reopening the Lake Street Bridge for pedestrians only, are in the planning stages for 2019 and 2020 in Elmira, she said.

“We want to see pedestrian and bicycle accidents go to zero,” she told the Star-Gazette. “Elmira is flat. It should be very walkable.”

Thanks for 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

 


Ziff Law Lawyers Fighting In Albany For NY Families

 

tort reform art

Christina Sonsire and Adam Gee of the Ziff Law Firm recently went to Albany to fight for grieving families in New York State – like Craig and Melissa Storms, who lost their 2-year-old son in a hospital emergency room.

“Knowing that the same family could recover if they lived just across the border in Pennsylvania due to its strong wrongful death laws makes it even tougher for us to deal with families in New York,” said Adam Gee.

“Knowing that the same family could recover if they lived just across the border in Pennsylvania due to its strong wrongful death laws makes it even tougher for us to deal with families in New York,” said Adam Gee.

Christina and Adam lobbied with other members of the New York State Trial Lawyers Association in the New York State Legislature to fight for reforming New York’s 153-year-old wrongful death law, something the lawyers at Ziff Law have been doing for nearly a decade.

“We have been to Albany numerous times to fight for justice for those who lose a loved one due to negligence. It’s one battle we will never stop waging until the laws in New York finally improve,” Christina said.

Under the present wrongful death statute in New York, the assessment of damages is based almost exclusively on expected future income, something that is very biased toward the state’s highest-earning residents. Worse, New York is one of only seven states that do not compensate family members for their grief and sorrow.

“The reality is that New York law discriminates against people who are very young, retired or out of the work force, such as stay-at-home parents or people with disabilities,” said Christina Sonsire. “The families of people who are not actively engaged in the work force have little to no claim for wrongful death in New York.”

“The reality is that New York law discriminates against people who are very young, retired or out of the work force, such as stay-at-home parents or people with disabilities,” said Christina Sonsire. “The families of people who are not actively engaged in the work force have little to no claim for wrongful death in New York.”

“The reality is that New York law discriminates against people who are very young, retired or out of the work force, such as stay-at-home parents or people with disabilities,” Christina said. “The families of people who are not actively engaged in the work force have little to no claim for wrongful death in New York.”

Having to tell a family that we cannot take a case because their loved one’s life is worthless in the eyes of New York State law is a very difficult thing to do, Adam said. “Knowing that the same family could recover if they lived just across the border in Pennsylvania due to its strong wrongful death laws makes it even tougher for us to deal with families in New York.”

The tragic case of 2-year-old Zachary Storms highlights the discriminatory nature of New York’s wrongful death law.

Zachary’s story is heartbreaking.

Craig and Melissa Storms rushed their child to a hospital emergency room because they feared he may have ingested some red and blue dye from a child’s chemistry set.

They did all the right things. They consulted with the American Association of Poison Control Centers, which recommended, to be safe, that they take the child to a local hospital for precautionary treatment.

Things turned nightmarish quickly.

The Poison Control Centers urged “observe-only” to the hospital, but instead, the doctor forced young Zachary to drink an activated charcoal solution. He vomited and refused to drink more and the hospital put a gastrointestinal tube down his throat and poured so much liquid that it filled his throat, stomach, and lungs, killing him almost instantly.

“He was running around the emergency room, playing. Then he was dead,” said Melissa Storms.

“This is about justice and holding the people who caused his death accountable,” said Craig Storms.

However, New York’s wrongful death law only values financial loss, not human loss. A toddler, Zachary clearly was not earning any income, and his young age made it too speculative to project what he would make in the future. Therefore, under New York’s current wrongful death law, Zachary’s life was worthless.

When Congress established the Sept. 11th Victim Compensation Fund, it circumvented the law so surviving victims and victims’ families could be properly compensated. “Congress understood New York’s law is antiquated, and doing something like denying compensation to the parents whose children died that day was just wrong,” said Christina.

It’s time for New York State to do the same and take a giant step toward civil justice reform.

The lawyers at the Ziff Law Firm will not stop fighting for families until New York State changes this law.

Contact your local state representative and tell them about Zachary and why it’s important to modernize the state’s wrongful death law.

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

 


Government Recalls Millions Of Vehicles With Dangerous Takata Airbags, Says NY and PA Accident Lawyer

Takata 1

Federal safety regulators this week called for all automakers to recall any vehicle equipped with driver’s-side airbags made by the Japanese supplier Takata.

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) contacted Takata and the vehicle manufacturers this week to call for the recall of millions of vehicles after evaluating a recent incident that involved a failure in a driver’s side air bag inflator.

Takata 2Based on this new information, unless Takata and the manufacturers quickly agree to this recall, NHTSA will use the full extent of its statutory powers to ensure vehicles that use the same or similar air bag inflator are recalled.

“We now know that millions of vehicles must be recalled to address defective Takata air bags and our aggressive investigation is far from over,” said NHTSA Deputy Administrator David Friedman. “We’re pushing Takata and all affected manufacturers to issue the recall and to ensure the recalls capture the full scope of the problems.”

According to news reports, the agency said it had yet to make a detailed list of the models or model years affected. But the recall will affect millions of vehicles made by Ford, Honda, Chrysler, Mazda and BMW, mostly from model years 2008 or earlier, Friedman told the news media in a conference call.

More than 14 million vehicles made by 11 automakers have been recalled worldwide since 2008 over concerns about Tanaka airbags, news reports said. At least five people have died in accidents linked to the airbags.

There is a propellant in the airbags that can lead them to explode when they activate in an accident, spraying metal debris into the car and possibly injuring the driver or passengers.

The agency did not expand a limited recall that was already in place for some Takata passenger-side airbags in some vehicles in humid regions of the country. The agency said they had a different design than the driver’s-side airbags and tests did not suggest a need to include them in the recall.

Residents of the Twin Tiers, if you believe you have been injured by a Takata airbag, contact me today for a free consultation.

Thanks for

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: [email protected]

 

 

 

 

 


NY Toughens Regulations On Boats And Other Watercraft, Hopes To Curb Invasive Species

H39DawnLeftRunSpread2Gal-634x390Boaters and operators of other watercraft in New York State — including the Finger Lakes, of course — are now required to clean and drain their vessels before hitting the water to help stop the spread of invasive species like zebra mussels.

The state Department of Environmental Conservation earlier this month adopted regulations requiring owners to remove visible plant and animal matter from boats, canoes and any other motorized or paddled vessel, before reaching the water. All watercraft owners are also required to clean trailers.

logo_sah-vert-200pxDEC Commissioner Joe Martens said boats and boat trailers can spread invasive species, a threat to our ecosystem.

Before launching, boaters are asked to inspect and remove all mud, plants and other organic material, and drain the bilge.

The state has a great step-by-step inspection process here. The steps are check, clean, drain, dry and disinfect.

You can read the new regulations here.

You can learn more about aquatic invasive species in New York State here.

Read some basic questions and answers about aquatic invasive species here to learn more.

Here is the first question and answer:

Q: What is an aquatic invasive species?

A: According to New York State Environmental Conservation Law, an invasive species is a species that is not native to an ecosystem and causes or is likely to cause significant economic or environmental harm, or harm human health. In reality, the species rarely have any human health implications, but do have the potential to outcompete native species and grow or reproduce to nuisance proportions in a body of water. In certain cases, these species may be native to the U.S. or another section of NY, but are not native to the entire state. White perch and alewife are an example of two fish species that are native to the marine and coastal region of NY, but have become problematic when introduced to inland waters. In other cases, invasive species may be introduced from other regions of the world.

Thanks for reading, and remember to check, clean, drain, dry and disinfect!

Thanks for reading,

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: [email protected]

 

 


Tracy Morgan Accident Puts Spotlight On Fatigued Truckers Who Pose Real Danger To Other Drivers, Says NY and PA Truck Accident Lawsuit Lawyer

Actor Tracy Morgan is recovering in a New Jersey hospital after almost being killed in a highway accident involving a tractor-trailer.

Actor Tracy Morgan is recovering in a New Jersey hospital after almost being killed in a highway accident involving a tractor-trailer.

The tragic June 7 accident that critically injured actor and comedian Tracy Morgan has led to a renewed focus on the danger on our highways from fatigued truck drivers working too many hours without taking a break.

A friend of Morgan’s was killed when a Walmart tractor-trailer driven by Kevin Roper rear-ended Morgan’s Mercedes limousine at 1 a.m. June 7 on the New Jersey Turnpike. Morgan is now in fair condition in a New Jersey hospital.

The truck driver, charged with Vehicular Manslaughter By Operating A Vehicle Recklessly and Recklessly Causing Serious Bodily Injury, remains free on $50,000 bail. Prosecutors claim Roper went more than 24 hours without sleep before the fatal wreck. The Jonesboro, Ga., man pleaded innocent last week to the charges in the crash.

In a recent Law Talk segment on WETM-TV News at Noon, I talked about the accident and the charges faced by the truck driver.

Q&A 1Question: Who is held responsible when a truck driver is driving for a company?

Answer: The driver and the owner of the truck are both responsible. The driver has the responsibility of driving safely, and if he is not safe, he can be held liable.

If the truck driver works for Walmart and is operating the truck in the course of his employment, then the company is responsible, too.

In this case, there is an allegation that the driver had been awake for more than 24 hours at the time of the crash. That would be a major violation of federal trucking regulations.

Federal regulations are very specific. Drivers are not supposed to operate a truck for more than 11 hours in a 14-hour period, and after those 11 hours, they are supposed to rest for at least 10 hours. They cannot drive more than 70 hours in a week.

The truck driver is also supposed to list the hours he spends on the road in a log book in his truck. There are many log requirements, but I know from handling many truck accident cases that often the log books are incomplete, and in some cases, falsified.

Sen. Schumer is calling for tougher monitoring of truck drivers.

Sen. Schumer is calling for tougher monitoring of truck drivers.

Drivers are trying to get in more hauls because they get paid by the number of miles they travel and so often, we see truck drivers who have broken the law.

U.S. Sen. Charles Schumer, D-NY, called for “black boxes” (electronic logging devices) in trucks yesterday so trucker hours can be monitored. He cited some startling statistics: 4,000 people are killed and 100,000 injured in accidents involving trucks, and 13 percent of serious accidents are cause by trucker fatigue.

Schumer also wants the federal Department of Transportation to study, and if necessary, increase the insurance coverage level that truck companies are required to cover so victims of accidents receive the compensation and coverage they deserve, he said.

As a lawyer who has handled many tractor trailer cases in N.Y. and PA, I strongly support Senator Schumer’s call for great safety action.

To submit a legal question you’d like answered here on one of our Ziff Law blogs, please send an email to me at [email protected]

Thanks for reading, and remember when you are sharing the road with tractor-trailers, use extreme caution.

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

 

 

 


Contact Me If You Have Been Injured Because Of GM Ignition Defect, Says NY and PA Personal Injury Lawyer

The 2009 Chevrolet Cobalt is among the recalled GM cars.

The 2009 Chevrolet Cobalt is among the recalled GM cars.

New revelations come out seemingly every day about the botched recall of 2.6 million small GM cars worldwide to replace faulty ignition switches that have led to at least 13 deaths.

If you are one of the GM drivers injured because of a faulty ignition, please contact Ziff Law Managing Partner Jim Reed toll-free at 800-943-3529 or send email to [email protected]  if you want to discuss bringing a claim.

Jim Reed

Jim Reed

GM made a business decision to put millions of lives at risk to save less than $1 per vehicle that would’ve been recalled.

GM dealers were warned nine years ago that the Chevrolet Cobalt could stall because of the switches, but it did not recall the vehicles until February of this year.

GM chose to send alerts to dealers like service bulletins rather than recalls because they are an inexpensive alternative to recalls.

With the ignition switches, the defect can cause the vehicles to turn off while they are being driven, raising numerous safety issues, including failure of air bags to deploy and diminished ability to steer and brake the vehicle.

We have written several blog posts about this mess at GM. We urged people to get their recalled car checked immediately.

GM signWe told the story about the parents of a Georgia woman killed in a 2010 crash in a Cobalt who helped drag this sad and tragic story into the headlines.

But this is what you need to know right this minute: If you are driving one of the vehicles listed below. get it to your GM dealer today. Not. tomorrow. Now.

These cars are killers.

The defect has been primarily linked to Chevy Cobalt vehicles, but the recall includes:

  • 2005-2010 Chevy Cobalt.
  • 2006-2010 Pontiac Solstice.
  • 2007-2010 Pontiac G5.
  • 2007-2010 Saturn Sky.
  • 2006-2011 Chevy HHR.
  • 2003-2007 Saturn Ion.

Please contact Ziff Law Managing Partner Jim Reed toll-free at 800-943-3529 or send email to [email protected]  if you want to discuss bringing a claim.

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