Pedestrian Collisions In Chemung, Ithaca A Reminder About Walking Safely At Night, Says NY and PA Accident Lawyer

Police Captain Speaks on Elmira Shooting- Neighbor Reaction_14723095_ver1.0_640_360

WETM-TV.

Two Twin Tiers pedestrians were struck by vehicles at night this week, leaving a 15-year-old girl dead in the town of Chemung and seriously injuring a second person in Ithaca.

New York State Police said 15-year-old Xanadu Rumsey was walking along County Route 60 near Tomasso’s golf course and restaurant in the Town of Chemung at about 9:30 Tuesday night when she was struck from behind by a vehicle. She was transported to Robert Packer Hospital in Sayre, where she was pronounced dead.

State Police in Horseheads said the girl was walking in the same direction as traffic when she was struck. The investigation continues and troopers have not released any information about the driver of the vehicle.

reflective-pedestrian-crossing-signs-watch-for-pedestrians-l7534-lgState Police are asking anyone who saw two people walking along County Route 60 at about 9:30 Tuesday night to call State Police at 607-739-8797. They did not say who the second person was with Xanadu.

At 11:30 p.m. Wednesday, a tractor-trailer hit a pedestrian at the intersection of State Route 13 and Willow Avenue in Ithaca.

The pedestrian, who has not been identified, is in stable condition Thursday at an unidentified regional trauma center with serious injuries that are not considered life-threatening, according to the Ithaca Police Department.

Police said the injured pedestrian suffered a severe head injury. The driver of the tractor-trailer was not injured.

Anyone who witnessed the crash is asked to call the Ithaca Police Department at 607-272-9973 or its tip line at 607-330-0000. Email tips can be sent by going here: www.cityofithaca.org/ipdtips.

If you are going to walk at night along a street, road or highway, here are some safety tips to remember:

  1. Always walk facing traffic. Do it because it’s the law, but also so you can see what is approaching and maximize your time to avoid the car if it is potentially endangering you.
  1. Get as far to the right as you can – don’t walk on the fog line. Give cars as much room as possible, not because they don’t have to go around you, but because you want to do everything in your power to avoid a collision.
  1. Wear light-colored clothes and consider wearing something reflective to maximize your chances of being seen. Also consider carrying at flashlight that you can shine so an oncoming driver has a better chance of seeing you.
  1. Recognize that perhaps the most dangerous time for a pedestrian is when two oncoming cars are meeting near your location. The operators of the cars will be focused on each other, and the oncoming headlights will impede the vision of both drivers, making it harder for them to see you. They are likely to move toward, or even onto, their shoulders to give each other as much room as possible.
  1. Walk in well-lit areas. Avoid poorly-lit areas if at all possible.
  1. Obey traffic signals and devices unless a police officer directs otherwise, including pedestrian signals.
  1. Assume drivers do not see you. While you should do whatever you can to increase your visibility, do not walk into a crosswalk assuming that the oncoming vehicle can see you. It’s better to wait to be sure the vehicle stops than to make a wrong assumption.
  1. Do not wear headphones and turn off your phone. Be alert at all times while walking.

Thank you for reading,

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


Elmira Seeks Safer Streets With New Transportation Plan

Elmira City Hall.

Elmira City Hall.

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

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

Nicolette Wagoner.

Nicolette Wagoner.

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

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

Andy Avery.

Andy Avery.

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

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

According to Smart Growth America, Complete Streets:

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

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

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

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

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

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

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

Thanks for reading,

Jim

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

 


Legal News You Can Use: Check Out Ziff Law’s New Summer 2018 Newsletter

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Adam Gee, Christina Sonsire, Jim Reed, and Mike Brown.

 

The Ziff Law Firm debuts its new – and redesigned – free newsletter this week as the Summer 2018 issue arrives in mailboxes and inboxes around the Twin Tiers. It is filled with legal news that you can use – and much more.

Our cover story explains how our popular Veteran of the Game program came home to Elmira this summer.

Then we get to the legal news:

Our lawyers write about some of the key issues they encounter in their practices as they tackle these questions:

  • Do bicyclists in New York State have to operate by the same laws as vehicles? Ziff Law managing partner and noted bicycle law expert Jim Reed educates readers.
  • Is motorcycle insurance the same as car insurance? Partner Adam Gee, a longtime motorcyclist and motorcycle law expert, has some surprising answers.
  • Why does Ziff Law partner Christina Sonsire teach for a statewide legal education organization?
  • How does Ziff Law attorney Mike Brown’s family play a role in his legal practice?

And just for fun, we profile a downtown Elmira shop, a hidden gem that is in the “upcycling” business, in our Business Spotlight.

The owner of Nutmeg Upcycling, longtime downtown business owner Rich LaVere, talked to us about his growing business and why he keeps returning downtown.

We published a short interview in the print newsletter and there is a bonus longer interview with Rich here, where he talks about the challenges facing downtown and how the city can start turning things around. He’s an optimist!

At Ziff Law, we are committed to being environmentally responsible, so if you’d like to receive our free newsletter by email, send an email to us today at [email protected] and we will send you a PDF right away – and as a bonus, add your name for an upcoming drawing for a $50 gift card to Lib’s Supper Club in Elmira.

If you’d like to receive the newsletter by mail, call (607-733-8866) or email ([email protected]) us with your name and address and we’ll send it right out.

Happy reading!

Jim

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

How To Avoid No-Fault Nightmares: Review Your Car Insurance Today

emergency

Karen Wheadon, a paralegal who works with Ziff Law Managing Partner Jim Reed, has written the following blog post about no-fault insurance coverage.

Many of our clients are victims of car crashes, and therefore, subject to the rules and regulations of no-fault insurance. Unfortunately, many of our clients struggle financially because they have inadequate no-fault coverage.

Karen Wheadon.

Karen Wheadon.

Briefly, state-required minimum no-fault insurance consists of $50,000 in coverage for the following:

  1. All necessary doctor and hospital bills and other health service expenses, payable in accordance with fee schedules established or adopted by the New York State Insurance Department.
  2. Eighty percent of lost earnings up to a maximum monthly payment of $2,000 for up to three years following the date of the crash.
  3. Up to $25 a day for a period of one year from the date of the accident for other reasonable and necessary expenses the injured person may have incurred because of an injury resulting from the accident, such as the cost of hiring a housekeeper or necessary transportation expenses to and from a health-service provider.
  4. A$2,000 death benefit, payable to the estate of a covered person, in addition to the $50,000 coverage for economic loss described above.

When shopping for car insurance, many people don’t think to invest in anything other than that basic coverage. However, additional coverage can be purchased … and can make a huge difference to someone’s life and financial stability. When we consider the growing costs of health care, $50,000 does not last long.

Here are some examples of crash victims and their no-fault insurance coverage,

Mike

Mike, like many of our clients, receives Medicare benefits. He had a serious car crash and exhausted his basic no-fault coverage. His medical bills were then submitted to Medicare for coverage and he was personally responsible for co-pays. On top of that, under federal law, Medicare (and Medicaid) are allowed to assert a lien against any third-party recovery.

What that means for Mike is that the personal injury claim/lawsuit we filed against the person responsible for causing the crash and Mike’s injuries now has a lien against it. At the time of the settlement, Mike has to pay Medicare back from his settlement. Had Mike had additional no-fault coverage, he could have avoided his bills going to Medicare and kept more of his settlement for himself.

Michelle

Michelle, injured in a car crash in 2016, had basic no-fault coverage that was paying her medical bills and was also reimbursing her for lost wages because she is unable to work. Like so many of our clients, Michelle relied on her monthly wage loss checks to pay for her basic necessities (mortgage, groceries, etc.).

Michele’s no-fault benefits were exhausted in May, leaving her with NO income at all. She has an application pending with Social Security Disability, but applicants often wait a year to hear if they are accepted or denied. If denied, the appeal process is even longer.

On top of that, Michelle’s private health insurance is through the Affordable Care Act. She has catastrophic coverage only with a $6,000 deductible. The neck surgery that was being scheduled is now on hold because she cannot afford to pay a $6,000 deductible without any income.

Obviously, Michelle would have benefited greatly from additional no-fault coverage. Her story is a great argument for universal health care because her health insurance plan is abysmal. She is a hard-working, taxpaying citizen who found herself with a disability and unable to work after a car crash. She should not have to put off medical treatment because she can’t afford her co-pay.

Opponents of universal health care argue that they don’t want the government making their medical decisions, but insurance companies already do that all the time. They arbitrarily decide a patient only needs 10 physical therapy sessions, or that they can’t have a drug prescribed by their doctor because it is too costly, or that surgery is not necessary because they have not exhausted conservative treatment options. Insurance companies base these decisions on money – their money that they would rather not pay out!

Justin

My stepson, Justin, was involved in a near-fatal car crash in 2015. He was taken from the scene of the crash by ambulance to Arnot Ogden Medical Center in Elmira, and then quickly transferred to Robert Packer Hospital in Sayre, Pa. From there, he was life-flighted to Geisinger Medical Center in Danville, Pa., where he was admitted for more than a month and underwent numerous surgeries to repair his fractured neck and re-attach a shoulder and arm.

There are a lot of miracles associated with Justin’s crash – too many to recount here. The fact that he is alive and well and now a father of two beautiful little children is sometimes more than I can believe. We are very, very blessed. But as you can imagine, the medical bills were astounding. The life-flight bill alone was $54,999, which was paid in full by his primary no-fault coverage.

Luckily, in addition to the basic no-fault coverage of $50,000, Justin had $10,000 of med-pay, $25,000 of OBEL (Optional Basic Economic Loss), and $150,000 of APIP (Additional Personal Injury Protection). He had such incredible coverage because he was the passenger of a vehicle that had more than basic coverage and he was also covered under his own policy which had even better coverage. This is far from the norm.

But even all of that coverage was very quickly exhausted, leaving a balance due to Geisinger Medical Center in excess of $1 million. This was turned over to his health insurance.

Justin was 23 years old at the time of his crash, but thankfully he was still covered by his father’s health insurance plan as a result of the Affordable Care Act, which extended medical coverage for children up to age 26. Donations from friends and family through a gofundme campaign covered the deductible, so Justin did not have to file bankruptcy because of insurmountable medical debt, as so many Americans do.

Justin’s example shows that even incredible no-fault coverage cannot adequately cover you from a catastrophic injury. But catastrophic injuries are, thankfully, rare.

The vast majority of our clients are like Michelle and Mike. They have broken bones that may or may not need surgery. Most of our clients seek medical treatment locally and don’t have multiple ambulance and life-flight bills. However, even routine injuries that require fairly routine medical treatment will quickly exhaust a basic no-fault policy.

So make the wise choice and protect yourself by asking your insurance agent about increasing your no-fault coverage. Had Michele or Mike had Justin’s maximum no-fault coverage, they would not be facing hard financial and medical decisions. We hope you won’t have to, either.

Therefore, we recommend adding Additional Personal Injury Protection (APIP) of at least $75,000 and Supplementary Underinsured (SUM) Coverage of at least $250,000. The good news is that adding this additional protection does not cost much more but will give you much better protection.

If you have questions, or would like us to review your insurance policy for free, please email me at [email protected] or Jim Reed at [email protected].

Thank you for reading,

Karen Wheadon
Paralegal
Ziff Law Firm
[email protected]


Steuben County Magistrates’ Association Honors Retired Special Counsel

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From left, Hon. Betsey Farley, Steuben County Magistrates’ Association secretary; Hon. Annette Viselli Thorne, Steuben County Magistrates’ Association vice-president; Hon. Christie Brothers, Steuben County Magistrates’ Association treasurer; Maryclaire Donovan Frank; Hon. David Domm, Steuben County Magistrates’ Association president; Hon. David Gideon, New York State Magistrates’ Association president.

The Steuben County Magistrates’ Association honored recently retired 7th Judicial District Special Counsel Maryclaire Donovan Frank during its monthly meeting on May 11 at the Bath American Legion.

Maryclaire was instrumental in molding many judges throughout Steuben County, providing town and village justices with personal care, support, education, and instruction that went above and beyond the call of duty.

Maryclaire was town justice in the Town of Erwin for 17 years and was in private practice until 11 years ago, when she retired and was appointed by the New York State Office of Court Administration to the position of special counsel.

Maryclaire supervised town and village justices in the following counties in the 7th Judicial District: Steuben, Yates, Wayne, Cayuga, Livingston, Monroe, Ontario, and Seneca.

Maryclaire is the daughter of retired State Supreme Court justice W. Denis Donovan.

The Ziff Law Firm salutes Maryclaire and wishes her well in her retirement!

Thanks for reading,

Jim Reed

Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Email: [email protected]
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com


Three Partners At Ziff Law Named 2018 Super Lawyers

Adam Gee, Jim Reed, and Christina Sonsire.

Adam Gee, Jim Reed, and Christina Sonsire.

Jim Reed, Adam Gee, and Christina Sonsire of the Ziff Law Firm have been named 2018 Super Lawyers in Upstate New York following a rigorous nomination process.

Super Lawyers, a rating service of lawyers working in more than 70 practice areas, selects the top lawyers based on nominations by their peers and an evaluation of 12 indicators of professional recognition and achievements. Those selected are grouped by practice area and size of the law firm. Ziff Law is a personal injury and medical malpractice law firm.

“We are so proud to be the only firm in Upstate New York where all the partners have been selected as Super Lawyers because it speaks to our excellent reputation among our fellow lawyers who selected us during the peer review process,” Jim said. “For our clients, that reputation is a huge factor in ensuring that we achieve the very best possible results for their cases.”

Jim, the managing partner of the law firm, was selected for Super Lawyers for the 11th year in a row. Jim has been with the Ziff Law Firm since 1986 and has been managing partner since 2001.

Adam, a partner in the law firm, was selected for Super Lawyers for the seventh time. Adam has been with Ziff Law since 2004.

Christina, a partner in the law firm, was selected for Super Lawyers for the second time. Christina was selected as a Super Lawyers Rising Star, for outstanding lawyers 40 years old and younger, from 2013-2016. Christina has been with Ziff Law since 2008.

To learn more about the Ziff Law Firm, go to www.zifflaw.com. To learn more about Super Lawyers, go to www.superlawyers.com/new-york-upstate.


Top NY Court Questions Privacy On Facebook Posts, So Think Before You Post

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If you think your private Facebook account and its personal photos will never be exposed publicly, think again.

The top court in New York State recently ruled that parts of Facebook users’ private profiles are fair game to opponents in a lawsuit and can’t be shielded by privacy settings.

 

According to news reports, the Court of Appeals case in question involved a woman’s serious fall from a horse in a Long Island park in 2011. Kelly Forman sued the horse’s owner, claiming a strap attaching the stirrup to the saddle broke, leading her to fall. She said she suffered traumatic brain damage that has caused memory loss and difficulty communicating, among other problems.

 

Attorneys for Mark Henkin, the horse’s owner, wanted access to Forman’s Facebook account, saying they needed that to evaluate her credibility and injuries. A trial court granted access to private sections of her Facebook account, but an Appellate Division decision said Forman only had to show photos and messages she planned to reveal at her trial.

 

The Court of Appeals decision basically said Forman can’t decide what Facebook information can be revealed in her trial.

 

The case returns to the trial court now, where the horse owner’s attorneys can pursue Forman’s Facebook information.

 

The Court of Appeals, in the 7-0 opinion, compared social media material like Facebook photos to information kept in a file cabinet and said it should be available in a lawsuit if relevant.

 

NY Court of Appeals Chief Judge Janet DiFiore.

NY Court of Appeals Chief Judge Janet DiFiore.

Chief Judge Janet DiFiore compared Facebook information and medical records in writing for the court. If a patient commences a lawsuit, the patient may have to release private files if they pertain to the lawsuit, she wrote.

 

For example, if a person brings a lawsuit, the other side – the insurance company and their lawyers – often ask the person suing to see their Facebook postings, including photos. In some cases, they want to see why you are not able to do something now that you were able to do before.

 

Previously, NY courts have been specific that a defendant and their insurance company and their lawyers didn’t have a right to look beyond a person’s public settings in Facebook. If you permit everyone to see everything on Facebook, then defense lawyers and their insurance companies can see everything, too. But if you lock down your settings to friends only, posts were off-limits to the other side.

 

With the new ruling, the courts are not going to automatically allow access beyond a privacy setting. Trial judges will decide on a case-by-case basis if it’s appropriate for a defendant and their insurance company to see what was posted privately.

 

There is a very good reason for that decision: what the court is saying is just because you label something as “private” doesn’t necessarily mean that information is not relevant for the other side to be able to see. People often have to disclose private information in a lawsuit because the courts consider it relevant.

 

Here is the bottom line to remember from this case: there is no such thing as 100 percent privacy once you post something online.

 

Think before you post.

Thanks for reading,

Jim

___________________________________

James B. Reed
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

Buckle Up! Cuomo Wisely Proposes Seat Belts For All Passengers In NY

car-seats4

Everyone should buckle up.  Even back-seat passengers!

That’s what New York Gov. Andrew Cuomo has proposed in his 2018-19 state budget plan. He wants everyone riding in a vehicle in NY to wear seat belts, and I applaud his proposal because I have seen what can happen when a back-seat passenger isn’t safely restrained by a seat belt.

A few years ago, I handled the very tragic case of a 15-year old-girl who was riding as an unbelted back-seat passenger when she was killed in an accident.

Compounding the tragedy is the fact that I am certain that she would have survived had she been wearing a seat belt.

185213258-cropped_400wMy advice to everyone: If you are riding in ANY vehicle (car, boat, plane, ATV) in ANY seat (front, rear, middle) where there is a seat belt available, USE IT! Most fatalities are caused by an unrestrained person either violently impacting with the interior of the vehicle or being thrown from the vehicle and crushed.

The state currently only requires the drivers and front-seat passengers to wear seat belts, and anyone under 16 years old is also required to buckle up.

CuomoThe budget also proposed outlawing hands-free phone use by junior permit and junior license holders and requiring children younger than 8 years old to be properly secured in necessary car seats when riding in a school car or van.

We were the first state, in 1985, to make seat belt use mandatory for drivers and front-seat passengers. The state says about 21 percent of highway deaths in New York State happen to people who were not wearing their seat belts, and not wearing a seat belt was found to be a greater factor in vehicle-accident deaths than alcohol or excessive speed, according to the state.

Under current law, drivers in NY can be ticketed and fined $50 for not wearing their seat belts and fined $100 if someone younger than 16 is not buckled in safely.

But this issue isn’t about fines or tickets. This is about keeping everyone safe in your vehicle, not just people in the front seat and children in the back.

Soon, everyone will have to wear seat belts when they are in a moving vehicle. Get a jump on the law and make sure everyone in any vehicle you are in is wearing their seat belts.

They save lives. It’s that simple.

Thanks for reading!

Jim

___________________________________

James B. Reed
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

 


How Long Will My Car Accident Case Take? Answers from a NY & PA Car Accident Lawyer

Don't let insurance adjusters mislead you about the comparative negligence rule in New York State.

Immediately seek medical assistance and consult an attorney after a car accident.

Jessica Whitton, a freelance writer and paralegal, has written a good summary of the major steps in a personal injury lawsuit.

Before I summarize what she wrote, I want to point out one important factor:

Time is of the essence in IMMEDIATELY consulting a lawyer. There are many insurance companies who are training their employees to immediately contact an injured person with hopes that the can get that injured person to sign off on their claims before that person has a chance to learn the true severity of their injuries or the full extent of their possible claims.

Many times, these claims adjusters will mislead the vulnerable injured person, and accordingly, it is critically important that an injured person hire a lawyer to protect their interests.

Please remember the time for bringing a negligence claim in New York state is three years and two years in Pennsylvania.

Here is Jessica’s step-by-step approach to understanding the typical steps in a personal-injury lawsuit:

  • Seek Medical Attention: Immediately. Go to your doctor or closest hospital and get checked out. Immediately. As Jessica points out, it will give you an edge if your insurance company tries to prove that there was no injury and an immediate hospital visit shows the jury you were hurt.
  • Talk To A Lawyer: Call or email me if you have an accident, 24 hours a day, seven days a week: (607) 733-8866 or [email protected].  If I am not immediately available, I will get back to you ASAP.
  • Commencement Of Investigations: Starts immediately after your lawyer agrees to accept your case. Make sure to provide all pertinent information and be honest about the accident and your medical condition to avoid surprises in the courtroom.
  • Attorney Files An Insurance Claim: Jessica correctly writes that most personal injury cases get settled out of court but to be safe and well-prepared, at ZiffLaw we assume every case will go to trial. We have learned that if you are ready to go to trial, you have substantial leverage to achieve the best results for our clients.  In car accident cases, we submit a comprehensive settlement package to the at-fault driver’s insurance company detailing important information about your claim:  your injuries, lost wages, medical treatment, and any permanent limitations.
  • Attorney Files A Lawsuit: If the insurance company does not settle your claim out of court, your attorney may see no other option than to file a lawsuit.
  • Discovery: The plaintiff and defendant investigate one another using the documents and evidence submitted.
  • Mediation: Following the completion of discovery and before trial, the parties may agree to mediate the case with a trained mediator who attempts to broker a mutually acceptable settlement.
  • Trial: All parties are present as the jury hears the evidence in the case. Most car crash trials are relatively short– 3-4 days– but some more complex cases can take weeks or even months.

At ZiffLaw, we do everything in our power to keep our cases moving as quickly as possible.  With that said, we will not rush any case as we know achieving maximum recovery for our clients often requires us to do things the hard way, not the easy and fast way.  We truly believe our willingness to go the extra mile distinguishes us from other lawyers who are willing to accept an easy and fast settlement rather than do the hard work necessary to get the very best result.

Thanks for reading! Leave me a message below if you have any questions.

Jim

___________________________________

James B. Reed
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

New Drone Pilots Need To Follow Regulations, Be Safe, Says NY and PA Injury Lawyer

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As winter turns to spring in the Twin Tiers and people of all ages get ready to fly the new drone they got for Christmas, I would encourage all new owners of all ages to do some homework, if they haven’t already, before taking to the air.

113154-fullDrones are not toys. If a child will be flying the drone, prepare the child. Drones in the wrong hands can damage property, injure and kill people on the ground, and endanger passing commercial aircraft. It’s a HUGE responsibility, and in careless or uneducated hands, drones can be a dangerous weapon that could lead to criminal charges and lawsuits for the operator and their family. As an experienced personal injury lawyer, I know drones are going to be a big problem for those who don’t respect the power they possess in a drone.

I will say it again: It’s NOT a toy.

A few basics you need to know right now:

Go to the FAA website and look at the rules and regulations on drones. (Click on Part 107 for a summary of the rules and regulations.)

  • You need to register the drone – that is something a lot of people don’t know. The buyer should have been told that when they bought the drone but if not, Remember: Ignorance of the law is no defense.  You can register your drone here.  The good news?  It only costs $5.
  • You must have visual identification of your drone at all times. If you can’t see your drone, you are not operating it properly and you can be subject to penalties and fines.
  • You must not operate your drone over other people, under a covered structure or inside a covered stationary vehicle.
  • Daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting.
  • Your drone can’t exceed 100 mph or weigh more than 55 lbs.

Most of the new Twin Tiers drone operators will be recreational users. You have to register your drone with the FAA but you don’t need any special license operate it, like commercial users do. A handy site for recreational users is here.

Here are the website’s safety guidelines for small unmanned aircraft systems (sUAS):

  • Follow community-based safety guidelines, as developed by organizations such as the Academy of Model Aeronautics (AMA).
  • Fly no higher than 400 feet and remain below any surrounding obstacles when possible.
  • Keep your sUAS in eyesight at all times, and use an observer to assist if needed.
  • Remain well clear of and do not interfere with manned aircraft operations, and you must see and avoid other aircraft and obstacles at all times.
  • Do not intentionally fly over unprotected persons or moving vehicles, and remain at least 25 feet away from individuals and vulnerable property.
  • Contact the airport and control tower before flying within five miles of an airport or heliport.
  • Do not fly in adverse weather conditions such as in high winds or reduced visibility.
  • Do not fly under the influence of alcohol or drugs.
  • Ensure the operating environment is safe and that the operator is competent and proficient in the operation of the sUAS.
  • Do not fly near or over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, heavily traveled roadways, government facilities, etc.
  • Check and follow all local laws and ordinances before flying over private property.
  • Do not conduct surveillance or photograph persons in areas where there is an expectation of privacy without the individual’s permission (see AMA’s privacy policy).

Do your homework, and be prepared before you take your first flight.

It’s a big responsibility. It’s not a toy.

Thanks for reading,

Jim

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James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
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