In handling cases all over NY and Pennsylvania, I am frequently walking the streets near courthouses.  I am always very careful to use crosswalks, not jay walk, and always cross with the light.  Despite all these efforts to stay safe, I have almost been hit more times than I can count.  It seems that drivers don’t understand that they have to yield to pedestrians in the cross walk when they are turning.  Pedestrians have the right away, and are directed by crossing signs (where they exist) to cross with traffic.  In fact, cars are ALWAYS required to yield to pedestrians, even if the car has the right of way.  Just as we are not allowed to smash into a car that fails to yield the right of way to us, we have to do everything we can to avoid hitting pedestrians.

As someone who frequently walks in these crosswalks, it is frustrating that so few people seem to understand when pedestrians have the right away.  In a collision between a car and a pedestrian, it’s obvious who comes out the loser.  In addition to the broken ankles, broken legs, broken hips and internal injuries one would expect from such a collision, there is also a high incidence of head injuries and traumatic brain injuries as pedestrians aren’t wearing protective helmets like bicyclists or motorcyclists.

Over the years, I have handled many cases where pedestrians were struck by drivers, and the results are never pretty.  A recent car/pedestrian collision in Bath, NY, originally reported by WETM TV which I am attaching below,  is a perfect example of  everything that can go wrong.  Oddly enough, I previously handled a car/pedestrian collision at that very intersection.

In this newest incident, it seems that a car driven by60 year old Edward Kuhnen struck not one but two pedestrians (one was an 11 year old child) as he was turning on to Liberty Street in Bath.  Sadly, this accident occurred in broad daylight, occurring at 11:40 AM.  There is no excuse but inattention for this driver to have struck these pedestrians, which is why the driver was ticketed.

Luckily for the pedestrians, they will be covered by no fault insurance, which will pay for their accident related medical costs and any lost wages the adult will suffer, and the pedestrians may also have a good personal injury case against the driver because of his negligent operation of the car.  There will be an absolute minimum of $25,000.00 in available coverage for each of the pedestrians, as that is the absolute minimum coverage required by the State of New York.  If the pedestrians’ injuries exceed $25,000.00, the pedestrians may be able to seek additional compensation from their own automobile insurance carrier or the carrier for a relative they live with.  The rules regarding how much coverage is available and where the coverage comes from are VERY complicated, which is why it makes sense to hire an attorney with experience handling these issues.

Sadly, the entire incident could have been avoided if the driver was paying attention to where he was going.

Thanks for reading, and stay safe out there!

Adam
_______________________________
Adam M. Gee, Esq.
NY and PA Injury and Accident Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Visit the NY Biker Law Blog at www.NYBikerLawBlog.com!

Reported by: Nick Natario
Email: nnatario@wetmtv.com
Last Update: 8/23 11:48 pm

Print Story

|

ShareThis Bath – Two people were sent to the hospital Monday after Bath Police officials say they were hit by a car while they were crossing the road.

The accident happened at 11:40 Monday morning.

Police say Edward Kuhnen, 60 was turning onto Liberty Street when he hit a 51-year-old and 10-year-old.

Both of them were sent to IRA Davenport Hospital, but have been released.

Kuhnen was ticketed for failure to yield the right of way to pedestrians in a crosswalk.

I am no fan of forwarded emails.  I delete most forwards without even opening them first.  So does my husband, a local Chemung County prosecutor.  This morning, however, I was very surprised to find he had sent me a forward.  “This better be good,” I thought, “or else I am going to given him a ration of teasing tonight when we get home!”

He is clearly off the hook.  The message he sent left me feeling sick and a bit shaken.  I consider myself a fairly safe driver, and feel very comfortable transporting my lovely one-year old daughter around Elmira.  However, I am not immune to the lure of 21st century technology, and admit I have — on occasion — been tempted to break the law by talking on my cell phone or even texting while driving.  I know it is unsafe and very irresponsible, but, like many people, I have been torn between the desire to answer the phone and keep driving rather than pull over to take a call.

I will never, ever be tempted to do it again.

Again, I am not someone easily swayed — or even moderately interested — in mass emails, but the message I pasted below will keep my phone off and hidden from this day forward any time I am behind the wheel.

I could not include the last three photos attached to the email.  They are simply too graphic.  At risk of offending you, I will tell you they show a young man in his 20s who has been literally cut in half.  The force of the crash ripped his torso apart near his belly button, and spewed his guts across the road like disgraced roadkill.  He clearly had no chance whatsoever of surviving.  I have seen a lot of graphic photos through my line of work, but still feel sick as I write this blog post.

_________________________

THIS IS NOT PRETTY—WEAK stomach DO NOT LOOK PAST “WERE NOT DONE YET”

The below photo’s truly tell why “no one” should ever talk on the cell phone while driving.

Take a moment and scroll through all the photo’s and they last 2 or 3 should remain in your memory for a long, long time.

PLEASE SHOW THIS TO YOUR CHILDREN AND YOUR GRANDCHILDREN…CELL PHONE USE HAS JUST ABOUT PASSED DRUNK DRIVERS AS THE LEADING CAUSE OF AUTOMOBILE DEATHS!!!

Look at this, you’ll never want to text or cell phone while driving again!!!

THIS IS WHY YOU SHOULD NOT BE TEXTING OR USING YOUR CELL PHONE WHILE DRIVING.

This guy was texting a friend when he crossed the center line!!!!

THIS IS WHY…

AND THIS ….

AND THIS …

AND THIS …

AND ESPECIALLY THIS …

WE’RE NOT DONE YET… if you have a weak stomach do not scroll any further.

Again, for the integrity of this blog and the crash victim I could not include the final three photos.  Trust me when I tell you they were graphic.  Don’t use your phone while driving.  It is just not worth it.

Thanks for reading!!

Christina
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web: zifflaw.com
Blog: NYInjuryLawBlog.com

Summer is road construction season. A tragic local accident (discussed below) got me thinking that I should send a reminder to my readers that you have to be very attentive to construction vehicles during this busy roadwork and building season.

Construction vehicles are huge, dangerous and unpredictable:

• They are often coming and going from unexpected areas alongside the road.
• They are often working unusual hours early in the morning or late at night.
• Traffic patterns and signage in and around construction sites can often be confusing.

For all of these reasons, you need to be extra careful around construction sites. Please be safe out there!

Here is the sad story reported by WETM-TV that got me thinking of this subject:

“Fatal Accident”

(Nick Natario, Last Update: 7/31 9:56 p.m.)

CAMPBELL – A woman is left dead and two others in serious condition Saturday night after their car slammed into a dump truck Saturday afternoon in Steuben County.

Around 2 Saturday afternoon, Steuben County investigators say the dump truck was trying to turn into a work site on off State Route 415, when a car slammed right into it.

State Route 415 had to be closed for a few hours.

Officials say three women were in the car.

Pauline Rossi, 80, of Horseheads was transported to Corning Hospital, but was pronounced dead shortly after arrival.

The other two, Terri O’Rouke, 50, of Elmira Heights and Mary O’Rouke, 55, of Horseheads were airlifted to Robert Packer Hospital.

Neighbors who witnessed the event say they were stunned by the tragedy.

“This was just a simple day out shopping enjoying themselves and something like this is so unfortunate, so horrible that happens and just, it makes my heart drop,” said Donna Sharp.

The sheriff’s office collision reconstruction team was called into the scene.

They are still investigating the crash.

At this time no charges have been filed against the driver of the dump truck.

Thanks for reading,

Jim
_______________________________________
James B. Reed, Esq.
NY Boating Accident Lawyer
Ziff Law Firm, LLP
William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

During hot summer days like those we’ve been having recently – when the temperature reaches into the 90s and even above – the Chemung River can look like a pretty inviting place to take a swim.

You can see it from so many spots in the Twin Tiers area. It starts in Painted Post, where Trails.com says the Iroquois Indians held the river sacred and marked its beginning – the convergence of the Tioga and Cohocton rivers – with an actual “painted post.”

The Chemung idles through Corning, and passes right through downtown Elmira, practically splitting the city in half. Then it’s on toward the PA border,  past Wilawana, Waverly, Athens and Sayre. South of Athens and Sayre, the Chemung melds into the Susquehanna River, which travels on to Chesapeake Bay and the Atlantic.

The Chemung River is an integral part of the scenery and life of Twin Tiers residents. You can see it from so many of our cities and villages, and its length is peppered with boat launch sites and access points.  The Chemung Basin River Trail Partnership is one of the organizations devoted to keeping residents aware of the river and its beauty.

Unfortunately, recent regional accidents point out that everyone must also be aware of the safety concerns of swimming in the river. In a tragic accident on Tuesday, a 16-year-old girl drowned in the Susquehanna River, pulled under by a strong current. (The story, “Girl Drowns in Susquehanna River,” was covered by the Star-Gazette). The Star-Gazette also reported on the river drowning  death of a 74-year-old man in Northern New York on Monday.

These tragedies illuminate the dangers fire and police authorities hope the public is aware of. WETM-TV covered the story, “Dangers of Swimming in the Chemung River”, pasted below, which included several warnings from the Elmira Fire Chief, Patrick Bermingham. He cautioned that:

• River currents can be deceptively slow on the surface – and stronger beneath.
• Hidden debris can hurt or snag swimmers from the river bottom.
• Town pools offer lifeguards and better supervision for children.

In Corning, a safe “cooling center” has been opened by the American Red Cross. Anyone can stop in the center to take advantage of the lower temperatures inside and get re-hydrated with provided water. WETM also reported on this development, in the story “Cooling Center Open in Corning” It’s the first time such a center has opened in Steuben County – proof positive that we are having one hot summer.

The Chemung River is beautiful - look at it, fish it, take your boat or canoe out on it. But if you choose to swim in it,  be extra careful.

Thanks for reading,

Adam

______________________________

Adam M. Gee, Esq.

NY and PA Personal Injury, Malpractice and Motorcycle Accident Attorney

The Ziff Law Firm, LLP

303 William Street

Elmira, NY 14901

Phone: (607)733-8866

Fax: (607)732-6062

Email: agee@zifflaw.com

www.zifflaw.com

My book, “Would You Ride Your Motorcycle Naked?” It is available FREE to New York or Pennsylvania accident victims; follow the link to order a copy.

“Dangers of Swimming in the Chemung River”

(WETM Nick Natario,  7/06)

ELMIRA – With the temperature surging into the 90′s this week, neighbors are searching for ways to stay cool.

Some of them are turning to the Chemung River.

That’s something the Elmira fire chief urges you not to do.

A number of people were swimming in the water Tuesday at the Grove Street Boat Launch in Elmira.

Elmira Fire Chief Patrick Bermingham says while the current looks slow on top, it’s much stronger underneath.

He says that debris can also be floating down the river which can tangle you.

But neighbors who decide to swim here anyways say they take extra precautions.

“Swim with partners, always be around people and don’t go out too far,” said Samantha Ray.

“We swim with a partner and always make sure there’s somebody with us,” said Valerie Bellows.

“I believe that parents, if they are in there need to be on guard, if you will for the kids who can get into trouble in an instant,” said Bermingham.

Bermingham says there are plenty of other safe alternatives to swim at: such as a local school or county pool instead of the river.

A visitor to the Finger Lakes region was killed in a tragic jet-ski accident recently. This is sad news to read about after a beautiful holiday weekend.

Can you imagine a friend or family member going on a fun trip to a tourist destination – and suffering a fatal accident while they were enjoying themselves? It would be devastating.

WETM-TV reported on the accident. Here’s a link to the story “Lake Accident Fatal,” also pasted in its entirety below.

As a personal injury attorney with more than 20 years of experience – and particular experience handling boating accident cases on a number of the Finger Lakes – I wanted to take a moment and emphasize why it’s so easy to be seriously or fatally injured in a simple accident on the water. The Ziff Law Firm has devoted a practice emphasis in boating accident cases.

Jet skis look like great fun, and don’t they seem safer than riding a bike or motorcycle? After all, you have the whole lake to spread out and water to cushion your fall. WRONG. It’s a fallacy to think that way – water can have an unforgiving impact.

Water is not a soft landing at high speed – hitting it can be like hitting concrete. And even held afloat by a life jacket, an unconscious person can be knocked face down and deprived of oxygen.

Not only do you have to worry about impact with the water but you also have to worry about impact with other objects like other jet skis, boats, docks, debris in the water, etc.  Please keep your eyes peeled and use the utmost caution when using a jet ski. Warn teens and kids, who frequently get caught up in the exhilaration of speed, of the dangers too.

Thanks for reading,

Jim
_______________________________________
James B. Reed, Esq.
NY Boating Accident Lawyer
Ziff Law Firm, LLP
William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

Lake Accident Fatal

(Sofia Ojeda, 7/05)

Tyrone, N.Y.- A man is dead Monday after 2 jet skis collided on Waneta Lake over the weekend.
Schuyler County Sheriff’s deputies say 43-year-old Lee Brandt of Wisconsin was on a jet ski with friends Sunday.
He was operating it along the East shore towards the North end of the lake.
Police say Brandt was riding his jet ski closely to another one.
That’s when he turned in front of the second jet ski and collided.
Brandt was struck suffering fatal injuries.
No other injuries were reported.

Related articles by Zemanta

• Injury Attroney Offers a Jet Skier Safety Reminder (zifflaw.com)
• Seneca Lake Crash Offers a Frightening Reminder of Boating Risks (zifflaw.com)

A horrific accident involving nine teenagers occurred at approximately 5:00 A.M. on Wednesday, June 30, 2010, in Steuben County, New York (near Corning).  Aside from highlighting the dangers associated with underage drinking and teen drivers, the accident raises several critical insurance coverage issues that every parent should understand.

According to the Elmira Star Gazette (full article pasted below, nine teens were injured in a one car accident in the Town of Hornellsville following an underage drinking party.

The parents of the nine injured teens are facing — or surely will face — tough questions with respect to how or if their children will be compensated as the teens begin the long road to recovery.

In general, parents of children injured in one-car motor vehicle accidents involving multiple passenger need to be aware of the following insurance coverage information:

1.  BASIC NO-FAULT COVERAGE – New York State Insurance Law requires every driver to provide at least $50,000 of Personal Injury Protection (“PIP”) to each passenger of his vehicle regardless of whether he caused the accident or not.  This type of insurance is generally referred to as “No Fault Insurance” because it is triggered even if the driver was not at fault.

What does this mean?  Every passenger in a vehicle is entitled to $50,000 of PIP coverage under the driver’s insurance policy in the event the passenger is injured in an accident.  In general, PIP covers economic losses such as lost wages and medical bills.

Why is this important?  Here, assuming the driver had proper insurance coverage, all nine teens (the driver is entitled to PIP benefits as well) are likely entitled to receive up to $50,000 to compensate them for their economic loss.  In addition, a passenger may be able to collect No Fault PIP benefits under his own policy once PIP iunder teh driver’s policy is exhausted.  This is called “stacking” PIP coverage, and it often allows a passenger to receive up to $100,000 to cover economic loss.

2.  ADDITIONAL NO-FAULT COVERAGE — Residents of New York are also free to purchase additional No Fault coverage in the event they or members of their families are seriously injured in an accident and their economic losses exceed $50,000.  The two primary types of additional coverage are called Additional Personal Injury Protection (“APIP”) and Optional Basic Economic Loss Coverage (“OBEL”).

What does this mean?  If you or a family member are seriously injured in an accident and your economic loss — again, I am primarily talking about lost wages and medical benefits — exceed the available PIP coverage ($50,000), APIP and OBEL can be triggered to cover your excess expenses.  In addition, as a passenger you may be able to collect against the driver’s APIP and/or OBEL coverage, depending on how the policy is written.

Why is this important? According to the Star Gazette article, at least three of the teens suffered serious injuries and were helicoptered to Strong Memorial Hospital.  A helicopter ride alone generally costs around $2,500, and it is safe to assume the medical bills for these teens could approach $50,000 very quickly.

The passengers first need to determine whether the driver had APIP or OBEL coverage.  If so, it is possible the passengers could be compensated for additional economic loss under the driver’s policy, depending on how it was written.

Next, if the teens’ parents have APIP or OBEL coverage, the teens will likely be considered “Resident Relatives” and will meet the standard to be named an “eligible injured person” under their parents’ polices.  (Important tip — MAKE SURE YOU HAVE APIP AND OBEL NO FAULT COVERAGE.  At Ziff we are willing to review your insurance policy FOR FREE. Just stop in or email us a copy of your policy to info@zifflaw.com.)

3.   LIABILITY COVERAGE– In addition to no-fault coverage, New York State Insurance Law requires all drivers to carry at least $25,000/$50,000  liability coverage.  What does this mean?  It means every driver on the road in New York is required to provide at least $25,000 of coverage to any one injured person for non-economic loss(things like pain and suffering, serious disfigurement and loss of enjoyment of life) because of his negligence.  If more than one person is injured, the total maximum recovery is limited to $50,000 regardless of whether two people are hurt or whether 20 people are hurt.  If there are more than two people hurt, those people would have to split the $50,000 “pie”.

Of course, drivers are permitted to carry — and, in my opinion, SHOULD carry –  much higher liability coverage.  Why is this important?  In an accident such as this — where I am Read the rest…

I was shocked and saddened when I read the news of a fatal auto accident early Friday afternoon in Franklin Township. The driver, a woman from Monroeton, drove into the side of a church. She lost her life and a passenger in her car was injured badly enough to warrant his transport to a hospital in Philadelphia.

What happened? According to police, the driver, 66-year-old Gloria E. Morse, drifted into the wrong lane, then over-compensated by veering back so sharply that she lost control of her vehicle. A complete description of the accident, as reported by The Daily Review, “Monroeton Woman Killed When Car Crashes Into Church”, is pasted below. To compound the  tragedy of the crash, Morse was not wearing her seat belt.

This sad accident teaches two important lessons, one of which I have harped on many times—ALWAYS wear your seat belt—and a new subject but an important driving tip—Be very careful in correcting when your tires mistakenly travel on to the shoulder.

Over the years, I have handled countless car crash cases involving fatalities and serious injuries that were caused by a driver “over-correcting” when their wheels drifted off on to the shoulder.

Driving instructors teach that your driving movements must always be smooth and fluid because it is the abrupt turn of the wheel that causes the driver to lose control of their car. We often see this phenomena when driving in the snow or rain.

The bottom line is that when you encounter any slipping or sliding of your vehicle that you react coolly and deliberately to regain control of your car. Resist the temptation to abruptly spin your steering wheel in the opposite direction. SMOOTHLY turn your steering wheel to bring you back to your proper direction of travel.

Some of you may be wondering if the injured passenger, William Buckley, would have a valid lawsuit against the insurance company for the driver. The short answer is Yes. As a person injured as a result of the actions of the negligent driver, a passenger has a right to bring a claim against the driver’s insurance company.

Thanks for reading. Be sure to read the full story about this accident below.

- Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

“Monroeton Woman Killed When Car Crashes Into Church”

(The Daily Review, Towanda – James Loewenstein)

FRANKLIN TOWNSHIP – A Monroeton woman was killed when the car she driving struck a church in Franklin Township Thursday and partially traveled into the building, state police said.

Gloria E. Morse, 66, of Monroeton RR1 was driving east on state Route 414 at 1:43 p.m. when her vehicle drifted into the westbound lane of traffic, police said.

Morse over-corrected by steering to the right and lost control of her 2000 Buick LeSabre, police said.

The vehicle went off the south side of the road, traveled through a yard and struck the west foundation wall of the Franklindale Christian Church, police said.

When the vehicle came to rest, most of it was inside the church, and only the trunk and part of the rear passenger area remained outside the building, said Cpl. Roger Stipcak of the state police at Towanda.

A man who was a passenger in the vehicle, William Buckley of Canton, suffered moderate injuries in the crash and was transported by emergency medical helicopter to Robert Packer Hospital in Sayre, police said. A Robert Packer official reported that Buckley was later transported to Thomas Jefferson Hospital in Philadelphia.

Bradford County Coroner Thomas Carman said he pronounced Morse dead at the scene at 2:15 p.m.

Morse was not wearing a seat belt at the time of the crash, police said.

There was no one inside the church at the time of the crash, Stipcak said.

The car sustained heavy damage, police said.

Stipcak said it doesn’t appear that Morse was speeding. He said that alcohol was not a factor in the crash.

The church is located at the intersection of Route 414 and Preacher Brook Road.

James Loewenstein can be reached at (570) 265-1633; or e-mail: jloewenstein@thedailyreview.com.

My three teens are going to kill me, but I am strongly in favor of proposed new legislation by NY Senator Gillibrand. It would create a federal law to require all 50 states to implement a Graduated Drivers License program, phasing in unlimited drivers licenses.

Having handled countless NY and PA car crash cases involving teen drivers, I know first-hand the dangers of teen drivers.

Teens are incredibly smart and many handle extensive responsibilities. The fact remains, however, that they are involved in a disproportionately high number of accidents. Inexperience and distractions play a role in many of those accidents. I strongly favor any new legislation which restricts dangerous teen driving.

Sen. Gillibrand’s office compiled the Sen. Gillibrand STAND UP Act Report, with statistics on teen drivers in New York state, county by county.

According to the report, in the Rochester-Finger Lakes Region, there are more than 20,000 16 and 17-year-old drivers.
The Evening Tribune in Hornell printed the story “Senator wants national standard for teen drivers” which included these details about the bill:

“The STAND UP act would set minimum requirements for states, including:

• A three-stage licensing process, from learner’s permit to intermediate stage to full, non-restricted drivers license.
• Prohibited night driving during the learner’s permit and intermediate stage.
• Passenger restrictions during learner’s permit and intermediate stage; no more than one non-family member under 21 may travel with a learning teenage driver, unless a licensed driver over 21 is in the vehicle.
• Prohibited non-emergency use of cell phones, including texting, during the learner’s permit and intermediate stages.
• Learner’s permit to be issued at age 16 and non-restricted drivers license issued at age 18.
• Other requirements set by Secretary of Transportation, including learner’s permit holding period and intermediate stage holding period at least six months; at least 30 hours of driving supervised by a licensed driver 21 years old or older; and automatic delay of full licensure if permit-holder commits an offense like speeding, driving without a seatbelt or DWI.”

Also according the the Tribune’s story, Sen. Gillibrand hopes that New York sets an example for other states. I agree that these restrictions on teen driving are a good idea for the safety of our kids.

Thanks for reading,

Jim

_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

My colleague Matt Hughson, a bankruptcy and real estate attorney with the Ziff Law Firm, recently posted a guest posts on his blog, the NY Bankruptcy Law Blog, by Sergei Lemberg, a Stamford, Connecticut, attorney and consumer advocate.

I wanted to share Sergei’s post on the NY Injury Law Blog as well, because although it may seem to be off-topic, dealing with medical debt is a serious problem for many of injury victims. They may be facing huge hospital bills at the same time they are unable to work because of an accident.

Sergei is best known for helping his clients get fair and just treatment from debt collectors and for protecting the rights of his clients under the Lemon Law. Here’s Sergei’s take on debt collection and how you can get relief from hounding by collectors:

“Debt collection calls usually make people mad, frustrated, and sometimes even hopeless. Debt collection agencies are known for socking it to people when they’re down, and will use any number of tactics to take advantage of vulnerabilities in an attempt to get people to pay.

Most people don’t know that there is a very strict federal law that regulates what collectors can and cannot do when they’re attempting to collect a debt. It’s called the Fair Debt Collection Practices Act. If a debt collection agency violates the FDCPA, it can be sued in federal court. You, as a consumer, can receive up to $1,000, any actual damages, and payment of your attorney fees.

But how do you know when a debt collector crosses the line?

Here are the TOP FIVE five transgressions that Debt Collectors TRY to GET AWAY WITH:

1. Embarrassing you. Embarrassment can take a number of forms, but the FDCPA is very clear that shaming you is against the law. For example, it’s illegal for a debt collector to send you a postcard in the mail, or an envelope with writing on the outside that indicates the letter is an attempt to collect a debt. Similarly, an agency can’t publish your name or tell others that you owe money.

2. Sending fake documentation. Debt collection agencies often send mailings that look as though they’re official court or government documents. This is against the law. This is a favorite tactic because unsuspecting consumers often respond to what they perceive as official mail.

3. Calling you at all hours of the day and night. The FDCPA says a debt collector can’t call you early in the morning, late at night, or at work – unless you’ve indicated that you’d like to be called at those times. In addition, debt collection agencies can’t repeatedly call and hang up, or call to the point of harassment.

4. Charging you more than you owe. Third party debt collectors will often try to get every penny they can, and will try to tack on a “collection fee” or extra interest charge. This is illegal.

5. Misusing postdated checks. In an attempt to make the harassment stop, consumers will often send a debt collection agency a series of postdated checks. All too often, the collector will deposit those checks early, leading the consumer into even more hot water as he or she racks up bank overdraft charges. The FDCPA prohibits this practice, and requires that debt collectors send you written notice of their intent to deposit your check.

Difficult to believe that people in business – even the business of collecting debts – try to get away with these tactics. Unfortunately, if you don’t know your legal rights, that’s just what they’ll do: Get away with it.

Check out Sergei’s Web site, StopCollector.com, for more information about your rights if you’re in debt.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

I have handled many tragic cases involving pedestrians struck by cars. As might be expected when a car weighing thousands of runs over a fragile human body, death or multiple traumatic injuries are common.

A recent pedestrian fatality (the WETM story, “Man Hit by Car Dies” is pasted below) not two miles from my own home, got me thinking about just how careful we need to be when driving our cars.

Normally we think of our cars as transportation, or a status symbol, or a hobby if you are a car enthusiast. Rarely do we think of our cars as what they really are—CARS ARE KILLING MACHINES.

Used incorrectly or unsafely, cars can be as dangerous, if not more dangerous, than a gun or knife. When you are behind the wheel of a car, you have incredible power at your fingertips. You also have the potential to inflict incredible injury in a micro-second.

Because of that potential for harm, it is SO important that we all be as careful as possible when driving.

I know this sounds simple but I can’t tell you how many people I see driving who are not paying attention to what they are doing—they are talking on their cell phone, they are eating, they have a dog in their lap, etc. Not one of these people is thinking that they might be seconds away from killing an innocent pedestrian, running down a bicyclist or hitting another car.

These people aren’t necessarily bad people—they are just distracted people. Unfortunately, distracted drivers often cause deadly accidents.

Sorry to pontificate, but I just wanted to take a few minutes to remind everyone of the huge responsibility to the safety of others that we take on every time we put the key in the ignition of our car. Let’s be careful out there and save some lives…

Thanks for reading and stay safe on the road,

Jim
_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

From WETM: Man Hit by Car Dies (Update)

Reported by: Sofia Ojeda
Email: sojeda@wetmtv.com

West Elmira, (N.Y.) -  The name of the man killed while crossing a street in West Elmira Saturday morning, has been released.

At around 7:30 Saturday morning, deputies say 66 year old, Philip Childs, of Ohio, was walking on West Water Street and crossing Forrest Hill Drive.That’s when deputies say 41 year old David Joyce of Elmira hit Childs with his Chevy Suburban.

Investigators say witnesses saw Joyce leaving the Wilson Farm across the street when the incident occurred.

Childs was sent by ambulance to Arnot Ogden Medical Center, where he died from his injuries.

No word yet if any charges have been filed against the driver.

The accident is still under investigation.