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

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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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thank you for reading,

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


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

 

 

 


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

 


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]om
(607) 733-8866

 

 


Be Prepared For Crashes With The New Ziff Law Crash Help App

The Ziff Law Firm wants to help drivers in their most stressful moments – in the minutes after a vehicle crash. Be prepared and protect yourself and your loved ones with the free Ziff Law Crash Help App for iPhones and Androids.

Crash Help picThe Ziff Law Crash Help App’s automatic car crash detection system uses internal sensors in your smartphone to detect a crash and automatically sends a help message with your location to the emergency contacts you selected, if it is enabled.

Crash Help also features:

  • Camera, video recorder, and a text notepad to record all pertinent crash information.
  • Time-saving forms to help you collect information from other drivers, passengers, and other witnesses.
  • An automatic GPS locator that captures critical crash information like traffic patterns and road conditions.
  • A frequently-asked-questions section that educates users about the best ways to prepare for and handle any motor vehicle crash.
  • A locator of emergency services based on your location.

Download the iPhone App here.

Download the Android App here.

Thanks for reading,

Jim

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

 

 


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

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

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

So be prepared.

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

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

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

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

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

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

If you strike a deer …

Mike Brown.

Michael Brown.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thanks for reading,

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


After Deadly Limo Crash, It’s Time To Review YOUR Vehicle Insurance, Says NY and PA Personal Injury Lawyer

Capture2The crash of the stretch limousine last weekend in Schoharie, N.Y., that killed 20 people has left a lot of people in the Twin Tiers shaken. At some point in our lives, many of us have hopped aboard a limo for happy events like a wine tour or a wedding or a birthday party. Most of us were having so much fun with family and friends and co-workers that the thought of a crash never occurred to us. Or we have been passengers with another driver with insufficient insurance to protect their passengers in case of a crash.

But during this week of grim news, as the operator of the Schoharie limo company was charged with criminally negligent homicide, I want to provide something positive that Twin Tiers motorists can do to protect themselves. You’ll need your current car insurance policy.

Here’s why: Some people probably think that getting in a limo, there must be at least $1 million in coverage.  Unfortunately, that simply is not true in most cases.  In New York State, owners of stretch limos are not required to have much insurance. A limo that can hold up to 20 people is only required to have a total of $150,000 of coverage to cover everyone in that limo in the event of a fatal crash.

So in the Schoharie crash, the families of the 20 people killed the crash, in some cases with small children, may only be able to recover $7,500 per person from the insurance company assuming the limo company had the state-required minimum coverage.

What the state requires is ridiculously low but the one thing Twin Tiers residents can do to protect themselves and their families is make sure they are protected on THEIR car insurance.

On your insurance policy, there is a section called Supplemental Uninsured and Underinsured Motorist (SUM) coverage.

You should make sure you have at least $250,000 of SUM coverage in your vehicle insurance policy that would come from your own insurance company to protect your family in the event of your injury or death in your vehicle or someone else’s vehicle (for instance, if you were in a limo).

So please check your policy and make sure you have $250,000 in SUM coverage. In the Schoharie crash, SUM coverage would at least offer some additional money to compensate the grieving families and help provide for the children who lost a parent or parents.

Be sure to watch this week’s Law Talk, where I urged WETM viewers to check their insurance policies.

Here is the state law on insurance and more information I have written on SUM coverage here and here.

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.

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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.