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.

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 speculating at least eight people sustained serious injuries due to the driver’s negligence — it is possible the maximum amount of liability coverage available to compensate their non-economic losses  is only $50,000, in the event the driver only had a minimum policy.  In other words, unless the driver had enhanced liability coverage, the seriously injured passengers may only have a total pot of $50,000 from which to be compenstated for their non-economic losses.

4.  THE MOST IMPORTANT COVERAGE I HOPE THE PASSENGERS CARRIED– SUPPLEMENTAL UNDERINSURED MOTORIST’S (SUM) COVERAGE– Fortunately, like No Fault, residents may purchase Supplemental Underinsured Motorist Coverage (“SUM”) to avoid the situation described above.  SUM policies of $250,000/$500,000 or $5000,000/$1,000,000 or even higher can be added to almost any insurance policy, and generally cost less than $15.00 PER YEAR.  In my opinion, this is the best money you could spend to make sure you and your family are best protected in the event something really bad happens.

What does this mean?  In the event the driver who caused an accident does not have enough liability protection to fully compensate the people whom he injures, the injured person can trigger his own SUM policy once the full amount of the driver’s policy has been tendered.

Why is this important?  If the Steuben County teens have sustained serious injuries and the driver has a small liability policy, it is likely at least some of the injured teens are not going to be fully compensated for their non-economic losses.   If the teens’ parents have SUM policies, it is possible the teens could meet the “Resident Relative” standard (described above), and trigger their parents’ additional liability coverage.

HOWEVER, New York law is tough in this regard.  In a recent case, the New York Court of appeals held an insured’s SUM policy is NOT triggered unless the amount of the SUM policy is greater greater than the liability policy of the negligent driver, even if the injured party actually collects less than the SUM coverage because of multiple claimants.

Clearly much of this blog post is speculative, but it gets to the heart of some of the most pressing insurance questions.  Bottom line — parents need to protect their families!  Make sure you have adequate No Fault coverage — including APIP and OBEL — and spend the extra dollars each year to buy the biggest SUM policy possible.  Hopefully you will never need it, but if the day comes you will sure be glad you are protected.

I will be following the developing news about this crash and will provide updates as they become available.

Again, bring your insurance policy to Ziff Law at ANY TIME and we will review it for free.  It may be most worthwhile 5 minutes of your entire week!

Thanks for reading,

Christina Bruner Sonsire

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

Here’s the Elmira Star-Gazette article:

Nine teens packed into car are injured in crash

Nine Steuben County teens packed into a small sedan were injured — six of them seriously — in a one-car accident Wednesday morning in Hornellsville.

County Sheriff Joel Ordway said the car, a 2004 Chevrolet Cavalier, was speeding west on county Route 109 when the driver lost control on a sharp curve about a quarter-mile east of Lain Road and drove into a ditch.

The car continued about 135 feet, struck a concrete culvert, became airborne for 25 feet, overturned and landed on its side in a driveway, deputies said.

Ordway said the crash occurred about 2 miles from the underage drinking party, which was a birthday party. He said alcohol and the car’s speed were factors in the accident.

When emergency responders arrived at the scene, they found nine teens “on top of each other” inside the car, Ordway said.

It was not clear where in the car each of the teens was seated before the crash, though Ordway said they were likely “on top of one another” before the crash. Nobody was riding in the trunk, he said.

Ordway said he knows who was driving, but was not ready to release that information Wednesday afternoon because the investigation is still in progress.

“We’re just going to continue with the investigation,” Ordway said. “In the next couple days, we’ll have some charges, not only on the operator, but also on the source … who provided the alcohol prior to” the crash, he said.

Six of the nine teens in the car suffered serious injuries; one of them suffered a life-threatening head injury, Ordway said.

Emily S. Mayorga and Dylan Henry, both 18 and from Canisteo, and Taylear K. Maiello, 17, of Hornell were taken to Strong Memorial Hospital in Rochester by helicopter. All three were listed in guarded condition Wednesday, according to a hospital spokeswoman. Branden S. Mulhollen, 17, of Canisteo, also was taken to Strong for treatment. His medical status was not available Wednesday.

Bethany Jones, 17, and Carleenea L. President, 18, both of Hornell, were taken to Robert Packer Hospital in Sayre. Both were listed in stable condition Wednesday.

Ordway said the car was traveling between 71 and 78 mph at the time of the crash. The speed limit on the road is 55 mph, though the suggested speed on the downhill curve where the car left the road is lower, about 40 mph, he said.

County Road 109 was closed for several hours Wednesday.

The crash is reminiscent of another serious crash involving underage drinking in western Steuben County in 2007.

That September, three teens and a 21-year-old man were killed when a car hit a concrete abutment and went into Sugar Creek off of state Route 248 near Jasper. Police said all four had been drinking alcohol before that crash.

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.

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.

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.

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.

When will these drug manufacturers learn that it is NOT acceptable to keep distributing a drug they KNOW is causing injury and death?

Haven’t they learned anything from the asbestos cases, the Vioxx cases, the Levaquin cases? The bottom line is that they will NOT be able to conceal damaging information forever. In today’s age of free exchange of information, it is becoming more difficult than ever for any manufacturer to keep a lid on problems with their products. In the old days, a heart attack victim in Pennsylvania might know nothing about a heart attack victim in New York, but those days are over. Online communities of patients, doctors and medical researchers can now share their experience with people around the world with just a click of a button.

If this is so obvious to me, why isn’t it obvious to these drug manufacturers who mistakenly believe they can hide the damaging information from the public? Hmmmm, perhaps it is the lure of BIG DOLLARS. The longer you wait to recall a drug can mean millions if not billions of dollars of drug sales.

Heck, why not try to make as much money as possible on a drug before you pull the plug on it? It sure makes business sense but it totally forgets that you are injuring or killing innocent people in exchange for a few more $. Sadly, big business often cares more about profits than people.

A recommendation to manufacturers

Here’s what I would like to tell the companies who have learned that a product they thought was safe but has now been revealed as dangererous: IMMEDIATELY stop distribution of any suspected dangerous product BEFORE more people are permanently injured or killed. Toyota, are you listening?

It appears that Avandia is among the latest drugs to join the “dangerous drug concealed from the public” camp. Avandia, manufactured by GlaxoSmithKline, is a popular diabetes drug. Unfortunately, Avandia has a deadly side effect of drastically increasing the risk of heart attacks and causing liver damage.

A 2007 study in the highly respected New England Journal of Medicine revealed the increased heart attack risks associated with Avandia. CNN did a great video report on the dangers of Avandia and how those dangers were well known to GlaxoSmithKline long before they publicly revealed any information:

Avandia Linked to Heart Attacks – CNN “American Morning”

More details about Avandia:

Avandia (rosiglitazone maleate) is a GlaxoSmithKline (GSK) drug developed to treat type 2 diabetes mellitus. First approved by the FDA in 1999, the agency reported 8 years later a significant increase in the risk of heart attack in those patients to whom Avandia had been prescribed. And many deaths have been linked to Avandia. More recently, two independent studies showed that bone fractures, particularly in female patients, have been associated with this popular diabetes drug, while a third study has found a link between Avandia and liver failure.

Safety concerns and side effects that have been associated with Avandia include the following:

• hypersensitivity
• cardiac failure
• hepatic impairment
• macular oedema
• bone fracture

In addition to these serious side effects, several other risk factors associated with consuming Avandia include: weight gain, cold, cough, headache, inflammation of sinuses, back pain, swelling, fluid retention and cardiac arrest.

If you or a family member have used Avandia and have suffered heart attack or liver damage after taking Avandia, please consult with an experienced malpractice lawyer ASAP so you can learn about your legal options. If you do not know an experienced malpractice lawyer, you can feel free to e-mail me at jreed@zifflaw.com.

Thanks, 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

I thought I would let you in on a shocking statistic that I have heard many times during my years of handling car crash cases in NY and PA:

• A teenager is TWO TIMES more likely to die in a car accident if there is 1 passenger in the car.

• A teenager is THREE TIMES more likely to die if there are 3 or more passengers in the car.

So, the simple tip is this: PRACTICE TOUGH LOVE BY STRICTLY LIMITING THE NUMBER OF PASSENGERS PERMITTED IN THE CAR WHEN YOUR TEEN IS DRIVING.

Of course, your kids while whine about the rule but if they want the keys to your car (and you want to keep your kid as safe as possible!), just hold your ground on this potentially life-saving family rule.

If you catch them driving with more passenger than the permitted number, it’s time for a little bit more tough love… Enjoy your walking shoes for the next month, Johnny!

Here’s to keeping our kids safe….

Jim
_________________________________
James B. Reed
New York Car Accident 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

• a woman from Ithaca, NY who suffered a permanent brain injury due to hitting her head on an ice sidewalk outside a Corning, NY pizzeria;
• a construction worker from Elmira who was caused to suffer a nasty, spiral fracture of his femur when caused to fall on icy steps at a Waverly, NY factory;
• a Binghamton, NY man who badly injured his back in a twisting fall in a shopping mall parking lot.

Each of these cases resulted in very substantial payments by the insurance carriers for the property owners.

The sad part about each of these cases was just how easily they could have been avoided had the property owner just taken the simple (and legally required) step of keeping their property free of snow and ice.

Now don’t get me wrong, as a property owner myself, I know that it’s often a pain in the neck to keep my home and my office clear of snow and ice but I also know that it is my legal responsibility to do so and even more important, I sure don’t want to see one of my family, friends or clients hurt just because I was too lazy to make sure that I kept my property safe.

During the cold and stormy months of winter, it seems as if we just get the sidewalks cleared before Mother Nature strikes with another storm. A new layer of snow and ice coats the area, making roads and sidewalks slippery and dangerous until we can treat and clear them again.

I want to share some advice about winter conditions and legal liability. This is good information to remember, no matter what your “walk” in life. You may a business or building owner with the responsibility of keeping sidewalks and entrances clear and safe, or you could be a victim of a nasty fall on ice, trying to figure out what your legal rights are.

I was inspired to share some information about this issue by a post, Snow and Ice: Five Ways to Avoid Legal Liability by attorney Tim Rayne. Tim’s tips address the potential liability of property owners. He basically cautions them to:

Determine who is responsible for keeping walking areas free of snow and ice. It may be the property owner, or it could be the municipality – the key is to KNOW for SURE and assume the responsibility if it is yours.

Treat ice and snow effectively and get rid of it quickly. Don’t dawdle! If you are a property owner, and you don’t address dangerous walking conditions quickly, you are opening yourself up to a lawsuit.

I want to add that if you are a pedestrian and you note poor conditions, be sure and tell the property owner. You don’t want to be the victim of a slip and fall accident – or allow anyone else to be, either.

And finally, Tim tells property owners to be sure and have enough liability insurance to cover the cost of perhaps serious injuries to victims of slip and fall accidents.

I know from my 20+ years of experience handling personal injury cases that even when insurance adequately covers the costs of physical recovery, serious injuries have repercussions in victims’ family life, careers, mental state and more. First and foremost, we need to keep people aware of their responsibilities and/or risk during this sometimes treacherous season.  Stay safe!

Thanks for reading,

Jim

_________________________________________
James B. Reed, Esq.
NY Fall and Injury Lawyer
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.