First, a mother and her 1-year-old child were injured, then a 17-year-old girl was struck 45 minutes later!

In the Elmira/Corning area where I live, there seems to be a growing trend of cars and trucks hitting pedestrians and bicyclists. I think this is a combination of more walkers/bikers and more cars/trucks sharing the roads together with a huge increase in the number of distracted drivers on the road.

These drivers are distracted by phones, radios, texting — or they are simply not paying attention.

In both Elmira pedestrian injury cases, the pedestrians were crossing the four-lane Clemens Center Parkway, which is a nightmare for pedestrians because they have to move quickly to get across safely before the light changes.

How many times have we seen pedestrians stranded unsafely in the middle of an intersection, waiting for the light to change again? This problem is especially obvious on a road like the Clemens Center Parkway, where the road is four lanes wide and there is a higher speed limit.

BUT REMEMBER:  NY LAW REQUIRES A MOTOR VEHICLE TO YIELD TO A PEDESTRIAN!  So regardless of the color of the light, if you see a pedestrian on the road, follow the law and give them a safe distance.

In one of the accidents, a mother and her 1-year-old child in a stroller were struck. They suffered minor injuries, police said.

According to news reports, the first accident occurred at about 8 p.m. Tuesday at the Clemens Center Parkway and East Fifth Street, Elmira, NY. The mother and child were transported to Arnot Ogden Medical Center and the driver of the pickup truck accused of striking them, Clayton Stevens of Lowman, was charged with Failing to Yield and Driving with a Suspended License.

A 17-year-old girl was hospitalized with internal injuries and possible broken bones after a second accident 45 minutes later involving a pedestrian at the Clemens Center Parkway and South Avenue on Elmira’s Southside. She is being treated at Robert Packer Hospital in Sayre. Police said the investigation continues.

See the news reports from WETM-TV and the Star-Gazette.

Remember the 17-year-old girl, and the mother and her 1-year-old child, the next time you’re driving on Clemens Center Parkway and SLOW DOWN. As you approach intersections, even if you have a green light, scan both sides of the road for pedestrians. Remember there may be people still trying to cross the road!

Finally, FOCUS ON THE ROAD — not your text messages or your missed phone calls or talk radio or talking with your passengers.

Someone else’s life may depend on you paying attention to the road!

Thanks for reading.

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

SawStop Technology Can Save Your Fingers!

Tablesaw safety continues to make headlines and woodworkers fearing injuries should take note about the latest legal and government developments.

The question that is being asked, and I think it is a good question, is whether the government should REQUIRE tablesaw manufacturers to use safer technology when that technology is available and feasible?

Many of my friends answer “Hell no, keep guv’mint out of my business” while other friends answer “Hell yes, this is the perfect role of government to enforce safety standards to protect people”.

I have to confess that I am in the “Hell Yes” camp because unfortunately tablesaw manufacturers have historically demonstrated that they will NOT voluntarily adopt the safest technology.  Because of that, and because I see first-hand the devastating effects of bad injuries, I tend to support anything that results in fewer innocent people getting hurt.

That’s why I support past safety regulations that have resulted in much greater public safety.  Things like seatbelts and airbags in cars have resulted in fewer deaths and less catastrophic injuries.  Years ago, seatbelts were non-existent, then a rare exception.  But it wasn’t until seatbelts were REQUIRED that we widespread adoption of this safety device. No one today would argue that requiring seatbelts was a bad thing.

And that’s why I am in favor of the government requiring all saw manufacturers to adopt SawStop (or something equivalent) safety technology.

In a perfect world, these tablesaw manufacturers would build safer saws because they can and because they truly care about the safety of their customers.  However, we don’t live in a perfect world and corporate design decisions often come down to profits and the least expensive way to build a product.  Unfortunately, touting your saw as the safer saw isn’t nearly as touting your saw as being cheaper than your competition’s product.

Normally, one place where manufacturers end up paying for their decision to build an unsafe product is in the courtroom.  In the courtroom, a manufacturer who builds an unsafe product when there are safer, feasible alternatives, can be required to pay substantial verdicts.

Historically, tablesaw manufacturers have avoided liability because they have all built their saws in essentially the same way and have then banded together in the courtroom to say the way they build their saws is to the “industry standard”.  They essentially claim that this industry standard is “the best we can do because everyone in the industry does it that way”.  They then claim other designs are not feasible, or not practical, or more expensive…..

For years, the conspiracy of the table-saw manufacturers was successful in avoid liability but recently the tide turned in a very important table-saw case.

A federal appeals court in Massachusetts has upheld $1.5 million in damages to an insurance company so it could recover expenses from Ryobi’s parent company in the case of Carlos Osorio, a flooring installer who suffered a hand injury in 2005 while using a Ryobi table saw, according to Fine Woodworking magazine.

Dr. Stephen Gass, the inventor of SawStop, testified on Osorio’s behalf in the lawsuit against Ryobi, saying none of the major table saw manufacturers, including Ryobi, had adopted his safety technology. With SawStop, the blade instantly senses when it comes in contact with skin and the blade snaps out of sight before any serious damage can be done to a person’s body.

Osorio’s table saw did not have the SawStop technology and the district court, citing safety concerns, ruled in his favor based on Gass’s testimony.

The federal appeals court’s October ruling supporting the district court can be found here.

An interview with Stephen Gass, the inventor of SawStop, is here.

Also in October, the Consumer Product Safety Commission voted unanimously to propose new table saw safety standards. Read a news story about that decision here. And the actual CPSC decision is here.

I recently wrote about my experience in buying a SawStop table saw. Yes, they are more expensive, but itsn’t the safety of the woodworkers in your family worth it?

SawStop works. As I said in my last post, I encourage all of my woodworking friends in Elmira, Corning and the Twin Tiers to check out the latest in safety technology.

Please, be safe out there.  Always put safety first, even if it costs you more than you wanted to spend.

Thanks for reading.

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

Related articles

• Consumer agency pushes for safety rules for table saws (usatoday.com)
• Govt looks for ways to reduce table saw injuries (seattletimes.nwsource.com)

Check out where fatal accidents have occurred in your community in recent years.

A United Kingdom transportation company has created a website that allows anyone to track road fatalities in the United States by location, including in Elmira, Corning and the Twin Tiers.

You can find the exact scene of an accident that led to a death between 2001 and 2009. I drilled down to the local fatalities in Elmira, Horseheads, and Corning and learned that I handled a large number of the wrongful death cases displayed on the local map.

I have worked on many cases in the last 26 years, and each of the little dots is a reminder of what I know to be devastated family and friends. … The 14-year-old cyclist mowed down by a hit-and-run driver, the elderly pedestrian hit by a driver who admitted she was busy adjusting her radio and on and on ….

It’s very unsettling and sad.

But it’s important that everyone take a look at the map of their community. Notice where people died when you look at the map of Chemung County — Lower Maple Avenue in Elmira, County Route 64 in Big Flats, Interstate 86 and the Miracle Mile (Corning Road) in Horseheads. Look at the grouping of fatalities, on I-86, Route 352 and Route 64. Those are high-traffic areas where everyone should be their most vigilant. Those should be no-distraction zones, and that means turning the radio or CD down, too!

Some of the fatalities were pedestrians, some were drivers or their passengers, and some were on motorcycles or bikes. Yes, it’s important to know where the most dangerous spots are in Watkins Glen and Southport and Pine City, then south to Towanda, Sayre and Athens, Wellsboro and Mansfield.

But there is a larger lesson here.

The maps serve as a stark reminder to all of us to SLOW DOWN and PAY ATTENTION TO THE ROAD. Shut off the cell phone. Cut down the chatter. Be vigilant. Live in the present.

Respect the lives of others, and be mindful of the dangers around you. Distracted driving kills. Next time you’re on the road, think of the people lost in accidents on that map.

Please have a safe and joyous holiday season free of heartbreaking accidents.

Thanks for reading.

Thanks, Jim

_________________________________

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

]]> http://www.zifflaw.com/NYInjuryLawBlog/maps-of-road-fatalities-a-reminder-of-toll-of-distracted-driving-says-ny-and-pa-accident-lawyer/feed 3 http://www.zifflaw.com/NYInjuryLawBlog/pa-to-ban-texting-while-driving-says-ny-and-pa-accident-lawyer http://www.zifflaw.com/NYInjuryLawBlog/pa-to-ban-texting-while-driving-says-ny-and-pa-accident-lawyer#comments Thu, 03 Nov 2011 12:16:49 +0000 Jim Reed http://www.zifflaw.com/NYInjuryLawBlog/?p=4933 Continue reading →]]>

Pennsylvania has cracked down on drivers who text, but its ban does not go far enough.

There is more great news this week on the texting while driving front.

Pennsylvania will follow New York’s lead and outlaw the ultra-dangerous texting while driving. As lawyers who handle car accident cases in both PA and NY, we are very pleased to see this change in PA law!

See the story here.

It’s a great but late start. Unfortunately, the legislation does not go far enough! Yes, the new law, to take effect 120 days after Gov. Tom Corbett signs it, does outlaw texting while driving. But the Pennsylvania House, in an indefensible move, will continue to allow distracted driving by allowing drivers to use cell phones without hands-free devices.

In September, I wrote about New York cracking down on drivers who text. New York outlawed talking on cell phones without hands-free devices years ago! The state toughened its texting while driving law in July by increasing penalties, then in September, police agencies targeted violators, sending a message to drivers: Get your eyes back on the road!

The new law in PA makes texting behind the wheel a primary offense (just like NY), so police can pull you over for that violation alone. The penalty is $50. Police, however, will not be able to seize cell phones or other devices.

PA motorists can still talk on cell phones without hands-free devices, despite years of attempts by the PA Senate and some PA House lawmakers to outlaw it, The Associated Press reports. Nine states, including New York, have such bans.

According to AP, the bill that passed the Senate in June banned texting and talking on a cell phone without a hands-free device. But after the House approved the texting ban on Monday, House Majority Leader Mike Turzai, R-Allegheny, said that his chamber would continue to consider a ban on talking on cell phones.

Can Mr. Turzai explain why they need to CONTINUE to consider the ban on cell phones without hands-free devices? What is the argument?

The AP also said Corbett last week signed into law tougher new regulations for teen drivers, including limits on how many passengers they can carry and more stringent training requirements.

OK, drivers and passengers in Sayre, Towanda and the Twin Tiers: Should PA approve that last piece of legislation and ban all electronic distractions for drivers?

Please add your voice below in the comments section. I want to know what you think!

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

]]> http://www.zifflaw.com/NYInjuryLawBlog/pa-to-ban-texting-while-driving-says-ny-and-pa-accident-lawyer/feed 0 http://www.zifflaw.com/NYInjuryLawBlog/elmira-woman-killed-in-reported-drunk-driving-crash-ny-and-pa-accident-lawyer-says http://www.zifflaw.com/NYInjuryLawBlog/elmira-woman-killed-in-reported-drunk-driving-crash-ny-and-pa-accident-lawyer-says#comments Mon, 24 Oct 2011 12:33:57 +0000 Jim Reed http://www.zifflaw.com/NYInjuryLawBlog/?p=4895 Continue reading →]]>

State police said a Texas man was driving drunk when he killed an Elmira woman Friday.

This is just what many in the area feared when the influx of out-of-state gas workers began – an increase in the number of alcohol-related accidents. Now I certainly don’t mean to stereotype or malign every gas worker, but there is a sizable number of new workers in the area who work long hours, make a good wage, who are far from home, and who want to blow off some steam during the hours they aren’t working.

It looks like the volatile mixture of alcohol and driving resulted in the tragic death of an Elmira woman ….

WETM and the Star-Gazette have reported that Lauralee M. Widmer, 36, of Elmira, and formerly of Louisiana, was killed early Friday morning in a two-vehicle accident in Tioga County, Pa.

State police said Brandon C. Davidson, 32, of Perryton, Texas, was driving a pickup truck shortly before 8 a.m. Friday in Jackson Township when he lost control of his truck and crossed the center line on the two-lane highway, striking a sport utility vehicle driven by Widmer.

Police said Widmer was wearing a seat belt and Davidson, who suffered only minor injuries, was not wearing a seat belt.

Widmer was pronounced dead at the scene and Davidson was treated for minor injuries at a Wellsboro hospital and released.

Davidson was charged with Homicide by Vehicle While Driving Under the Influence, Driving Under the Influence, Driving on the Wrong Side of the Road, Speeding, Careless Driving, Reckless Driving and Not Wearing a Seat Belt, according to the Star-Gazette.  He was arraigned and sent to the county jail in lieu of $75,000 cash bail.

Given the very aggravated circumstances of this collision– the drunken driving, the recklessness, the speeding, etc.– Widmer’s Estate could bring not only a wrongful death lawsuit but could also assert a claim for punitive damages.  Punitive damages are not permitted in all injury lawsuits but are limited to those lawsuits where it can be proven that the defendant’s conduct was grossly negligent, reckless and showed a conscious disregard for the rights of others.  The general standard in New York for punitive damages is reckless conduct or grossly negligent conduct that endangers the health, safety and well-being of the public.  NY Pattern Jury Instructions, 2:278.

Our thoughts and prayers go out to Widmer’s family.

Thanks for reading.

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

]]> http://www.zifflaw.com/NYInjuryLawBlog/elmira-woman-killed-in-reported-drunk-driving-crash-ny-and-pa-accident-lawyer-says/feed 0 http://www.zifflaw.com/NYInjuryLawBlog/elmira-attorney-breaks-down-new-york-bad-faith-case http://www.zifflaw.com/NYInjuryLawBlog/elmira-attorney-breaks-down-new-york-bad-faith-case#comments Thu, 20 Oct 2011 21:06:26 +0000 Christina Sonsire http://www.zifflaw.com/NYInjuryLawBlog/?p=4886 Continue reading →]]>

New York State Supreme Court Judge Arthur Schak just might win the award for “Most Entertaining Decision in 2011″.  Of course, It doesn’t hurt that Judge Schak’s decision from King’s County in Taveras v. American Transit Insurance Company, 2011 NY Slip Op. 51831, does outstanding justice by holding an insurance company accountable for bad faith practices — something that happens all too often but is rarely brought to light.

This is how the decision begins:

In this insurance bad faith action the conduct of defendant AMERICAN TRANSIT INSURANCE COMPANY (AT) reminds the Court of the testimony given by Jack Nicholson’s character, Marine Colonel Nathan Jessup, in the 1991 film, A Few Good Men. When examined by a defense attorney, the Tom Cruise character, Navy Lieutenant Daniel Kaffee, about whether Colonel Jessup ordered the hazing of a Marine, which went awry, at the Guantanamo Bay Naval [*2]Base, the lawyer and witness had the following colloquy:

Col. Jessup:You want answers?

Lt. Kaffee:I think I’m entitled to them.

Col. Jessup:You want answers?

Lt. Kaffee:I want the truth!

Col. Jessup:You can’t handle the truth!

Defendant AT, in the instant action, refuses not only to acknowledge the truth, but to handle the truth!

The gist of the case is that American Transit represented for many years to several people injured in a car wreck that it insured the driver who caused the crash.  At trial, the injured people said they were willing to settle the case within the amount of the negligent driver’s policy.  However, the company refused to settle despite overwhelming evidence in favor of the injured people.  At the end of trial, the jury returned a verdict far, far in excess of the negligent driver’s policy.

The result?  An award of $2,250,000 for the driver against his own insurance company for bad faith. 

This type of bad faith activity is not exclusive to New York City.  In Upstate New York, prosecution of our auto and injury cases also include fights with insurance companies as they attempt to engage in bad faith practices too frequently, keeping injured people from receiving due compensation and putting negligent parties at great financial risk.

Great job, Judge Schak.  It’s about time these companies were held accountable.

Thanks for reading!
_________________________________
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

 

]]> http://www.zifflaw.com/NYInjuryLawBlog/elmira-attorney-breaks-down-new-york-bad-faith-case/feed 0 http://www.zifflaw.com/NYInjuryLawBlog/elmira-attorney-gives-tips-on-what-to-do-if-you-suspect-malpractice http://www.zifflaw.com/NYInjuryLawBlog/elmira-attorney-gives-tips-on-what-to-do-if-you-suspect-malpractice#comments Thu, 13 Oct 2011 20:44:26 +0000 Christina Sonsire http://www.zifflaw.com/NYInjuryLawBlog/?p=499 Continue reading →]]>

Image via Wikipedia

 

 

 

 

 

 

Many people are paralyzed by the thought of medical malpractice. Doctors and nurses — some of the most respected members of our society — are there to help and heal us.  They come into our lives when we need assistance, and we place our trust in their judgment and skill.

But, what happens when something goes terribly wrong?

There are several steps you should take if you suspect you or a loved one have become a victim of medical malpractice:

1. Ask LOTS of questions. This advice actually applies to all interactions with medical professionals, because the more informed you are about your own health, the more likley it is you will understand the treatment being provided to you.  Don’t be afraid to tell a doctor or nurse you don’t understand the technical terms being used.  Ask specific questions about your diagnosis and prognosis, and inquire about all alternative treatments that are available to you.  Ask your doctor or nurse directly if something went wrong.  Although you may not get a straight answer, it never, ever hurts to ask.  Knowledge is power, and when you are talking about your health, you want to be the most powerful person in the room.

2. Take LOTS of notes.  It is hard to remember everything that happens, especially if you are sick for a long period of time and are under substantial stress. Take notes yourself or have a loved one keep an ongoing diary.  If you are in the hospital, write down the names of each and every nurse, aid, doctor and resident who comes into your room with a brief description of what each person did and said. Remember, however, to show discretion.  Ultimately your health and recovery are the most important things, and you don’t want to create any unnecessary tension.  Some health professionals may become anxious if you are taking notes each time they treat you, and preoccupation with notetaking can distract you from paying close attention to what the doctors and nurses are actually doing and saying. The primary purpose of taking notes is to help you remember what happened down the road, but getting better is certainly a much more important goal.

3.  Research.  Gone are the days when medical knowledge is held by those with years of training.  The internet is full of very good resources about all types of medical conditions.  I generally start with an organic google search then look on you tube to see if any videos are posted about the condition I am researching.  I have assembled several very useful compendiums on various medical conditions, and you are welcome to contact me at the email address below to see if I have anything that is helpful for you.

4.  Request your medical records.  You generally want to wait until you have made substantial recovery before requesting your records.  To request records, simply call or go to the medical records department at the hospital or office where you were treated and request copies.  ALWAYS GIVE A DATE BY WHICH YOU EXPECT TO RECEIVE THEM! Even though most records are kept electronically these days, records offices often wait weeks or even months to provide them.  If the date you gave comes and goes and you have not received the records, call or go to the office immediately and request them again.  In New York state it costs $0.75/page for each page of records, but providers are not allowed to withhold them solely on the basis of your inability to pay.

5.  Call a malpractice attorney.  Ultimately this is the best way to find out if you actually have been the victim of malpractice.  I screen many, many potential medical malpractice cases each year, and even though Ziff Law only excepts a few due to a variety of reasons, I am usually able to give the potential client a good sense of whether or not has been victimized.

The bottom line is that you have a right to know what happened.  By taking these steps you may be able to finally get some answers.

Thanks for reading.
_________________________________
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

 

]]> http://www.zifflaw.com/NYInjuryLawBlog/elmira-attorney-gives-tips-on-what-to-do-if-you-suspect-malpractice/feed 0 http://www.zifflaw.com/NYInjuryLawBlog/lawsuit-pierces-medical-code-of-silence-says-ny-medical-malpractice-lawyer http://www.zifflaw.com/NYInjuryLawBlog/lawsuit-pierces-medical-code-of-silence-says-ny-medical-malpractice-lawyer#comments Thu, 29 Sep 2011 19:48:01 +0000 Jim Reed http://www.zifflaw.com/NYInjuryLawBlog/?p=4803 Continue reading →]]>

Speak No Evil says the Medical Community!

As a NY medical malpractice lawyer for more than 25 years, I am well aware of the “white-coat conspiracy of silence.”

This is an unwritten but well-known code of conduct that is routinely followed by doctors, nurses, hospital administrators, etc., that says:

“No matter what … never, ever, EVER … admit that one of your medical colleagues did anything wrong.”

A recent NY case against a Manhattan hospital turned that Code of Silence upside down when it ordered a doctor to turn over an email that he had written that was critical of the medical care provided to a patient. Needless to say, defense lawyers for the hospital who were claiming the medical care was OK screamed bloody murder and tried everything in their power to suppress this email so it would never see the light of day.

Here is a quick summary of the lawsuit, from a New York Law Journal article:

Rose Lowenthal, 89, died from post-operative developments two days after successful hip surgery at New York Downtown Hospital in December 2008.

Her surgeon, upset by her death, wrote an email to the chief of the hospital’s surgery department, criticizing Mrs. Lowenthal’s post-operative care.

Mrs. Lowenthal’s son filed suit in 2009 and the hospital refused to turn over the email, saying it was confidential because it was turned over to the hospital’s Quality Assurance Committee.

But a Manhattan Supreme Court justice rejected that argument, telling the hospital to turn over the email in the lawsuit because the hospital had not proved the email was written for the committee.

In an affidavit, the surgeon said he wrote the email on his own, and added that he was not invited to participate in the committee’s meeting or the morbidity and mortality meeting in Mrs. Lowenthal’s case.

The family’s lawyer, Scott Rubin of Levine and Grossman in Mineola, said the doctor’s unsolicited critical letter was the first of its kind he’d seen in more than 30 years of practice.

“Usually doctors don’t send letters excoriating departments or other doctors,” he said, adding with great understatement that the email “could be quite helpful to me.”

Why would the hospital’s lawyers be so upset by the disclosure of this email? Wouldn’t they want the truth to emerge? Wouldn’t they want to improve the medical care provided by the hospital?

Well, you would think so, but the reality of it is that these lawyers don’t want any doctor’s criticism of another doctor or medical provider to EVER see the light of day ….

I am glad the judge disagreed and ordered them to turn over the email!

Thanks for reading.

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

]]> http://www.zifflaw.com/NYInjuryLawBlog/lawsuit-pierces-medical-code-of-silence-says-ny-medical-malpractice-lawyer/feed 0 http://www.zifflaw.com/NYInjuryLawBlog/at-last-texting-while-driving-tickets-soar-in-ny-says-ny-and-pa-accident-lawyer http://www.zifflaw.com/NYInjuryLawBlog/at-last-texting-while-driving-tickets-soar-in-ny-says-ny-and-pa-accident-lawyer#comments Thu, 22 Sep 2011 13:20:24 +0000 Jim Reed http://www.zifflaw.com/NYInjuryLawBlog/?p=4787 Continue reading →]]>

If you are caught texting while driving now in New York, you could face much stiffer penalties than in the past.

Police officers are cracking down across New York State on texting motorists, and the number of tickets issued to distracted drivers has soared across the state in recent months.

Have you gotten the message yet and stopped texting while driving? 

As you probably know, the Ziff Law Firm has repeatedly encouraged state officials to toughen the law and then urged police to enforce it. You can see what we’ve said here and here and here.

Here are some of the findings reported in a Gannett News Service story this week in the Elmira Star-Gazette on the increase in the number of texting-while-driving tickets issued in New York State:

• The number of tickets soared 43 percent through mid-September, compared with all of 2010, an increase from 3,248 tickets in 2010 to 4,634 tickets so far in 2011.
• Outside New York City, the number of tickets issued for texting totaled 1,617 in 2010 and 2,777 tickets in 2011 as of Sept. 17, a 72 percent increase.
• The number of tickets more than doubled in 33 counties, including in Chemung and Monroe, and more than tripled in other counties downstate.

The big increase comes after Gov. Andrew Cuomo signed a new law in July that allows police to pull over drivers specifically for texting. That law took effect on July 12.

The initial law approved in 2009 only made texting a secondary infraction, so police could only ticket a driver if they were pulled over for another offense, such as erratic driving.

Talking on a cell phone while driving is still a more common infraction, according to Gannett. Police across the state have issued 181,400 tickets so far this year after about 332,000 were issued in 2010!

A texting while driving violation will now cost you a fine of up to $150 and three points on your license, which is the same as a speeding ticket. (Remember what THAT last speeding ticket did to your insurance bill?)

Drivers iilegally using a cell phone to talk could be issued a ticket for a traffic infraction and a $150 fine!

See this New York State website for more about the new texting while driving law. Also see this website about the state’s law on drivers using cell phones.

Anyone seeking a license in New York State must now attend a class on the dangers of distracted driving.

In the first full month of the new law, a record 1,082 tickets were issued statewide. The previous record was in April, with 689 tickets, but a special enforcement period in Syracuse drove up the numbers, Gannett reported.

“It’s a great success story,” John Grebert, executive director of the New York Police Chiefs Association, told Gannett.

The number of tickets issued in Chemung County jumped from 15 to 34 since the new law was approved. Chemung County Sheriff Christopher Moss told Gannett that the texting lookouts are now part of distracted driving enforcement funded by the state. And the county also meets with students to talk about the dangers of texting while driving!

Too many young people are not getting the message. Look at other drivers as you drive in Elmira, Corning and the Twin Tiers — too many are still texting and putting us all in danger. 

Put down the distraction and DRIVE before you cause an accident that could change your life — and the lives of others — forever.

Please! Let’s be safe on the road. For yourself, for your passengers and others on the road — INCLUDING pedestrians and bicyclists!

Thanks for reading. Please drive safely!

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

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Leslie D. Kelmachter

Sometimes it is easy to forget all the good that is accomplished by lawsuits.  Seatbelts, airbags, fire retardant pajamas, safer workplaces, safer cars, safer roads….the list goes on and on…..our lives made safer as a direct result of lawsuits.

Sometimes we need a reminder and this week, two Upstate N.Y. newspapers published two excellent articles on this very issue.

Leslie Kelmachter, the president of the New York State Trial Lawyers Association made an impassioned and powerful defense of the power of lawsuits in two newspapers this month.

In the Aug. 11 Ithaca Journal, Leslie Kelmachter, argued in an op-ed that “eliminating workplace protections and punishing victims of negligence and their families” is not the way to stimulate New York’s economy and create jobs. Kelmachter wrote “Lawsuits Are Powerful Way To Get Justice For Consumers” in response to a Guest View the newspaper ran that argued that limiting victims’ rights to access the civil justice system would be good for New Yorkers.

In an Aug. 12 Letter to the Editor of The Buffalo News, Kelmachter again strongly rejected the argument to limit victims’ access. The writer of the Another Voice column said limiting legal access benefits New Yorkers, but Kelmachter correctly pointed out that “eliminating vital protections for workers and consumers only helps big business and hurts average New Yorkers.”

In the Ithaca newspaper, Kelmachter writes about the McDonald’s “Hot Coffee” lawsuit, a case made famous with a great documentary.

The 79-year-old victim’s lawsuit revealed that hundreds of people were burned by coffee that was too hot. The jury found McDonald’s at fault and it stopped making its coffee at dangerous temperatures.

As Kelmachter summarized in the Ithaca newspaper: “Corporations and their front groups, under the friendly sounding banner of ‘tort reform,’ paint the picture that those who want their day in court are abusing the civil justice system. But the trial-by-jury system is the time-honored means by which Americans hold our government and big corporations accountable. Preventable injuries cost all New Yorkers. Protecting workers and consumers makes New York a stronger state.”

Thanks for reading.

Jim

_________________________________

James B. Reed

NY & PA Injury 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

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