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UPDATE: More Elmira Pedestrian Accidents …. It’s Time for Drivers to Wake Up and Watch Out for Walkers and Bicyclists

Jim Reed — Wed, 25 Jan 2012 15:53:36 +0000

Two accidents involving pedestrians in the last 24 hours in Elmira serve as a stark reminder of the dangers facing pedestrians from inattentive or distracted drivers!

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

Appeals Court, CPSC Urge Wider Use Of SawStop Technology, Says NY Woodworking Attorney

Jim Reed — Wed, 14 Dec 2011 21:51:59 +0000

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

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

Maps Of Road Fatalities A Reminder Of Toll Of Distracted Driving, Says NY and PA Accident Lawyer

Jim Reed — Wed, 07 Dec 2011 15:33:43 +0000

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

PA To Ban Texting While Driving, Says NY and PA Accident Lawyer

Jim Reed — Thu, 03 Nov 2011 12:16:49 +0000

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

Elmira Woman Killed In Reported Drunk Driving Crash, NY And Pa Accident Lawyer Says

Jim Reed — Mon, 24 Oct 2011 12:33:57 +0000

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

At Last! Texting While Driving Tickets Soar in NY, says NY and PA Accident Lawyer

Jim Reed — Thu, 22 Sep 2011 13:20:24 +0000

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

“Hot Coffee,” the Movie, Highly Recommended For Those Who Want BOTH Sides of the Story

Jim Reed — Mon, 27 Jun 2011 19:41:46 +0000

Everyone has heard of the “frivolous” McDonald’s hot coffee lawsuit – the one where a jury awarded millions of dollars for some spilled coffee. But have you ever wondered if you knew the whole story … whether there might be more to the story of why a jury might have returned a large verdict for a little spilled coffee?

I can tell you that I have been trying injury lawsuits in Upstate N.Y. for more than 25 years, and when I am picking a jury, I am always confronted by the idea of “runaway juries” and “ridiculous verdicts” and the McDonald’s case is always advanced as the poster child for where the personal injury system has gone wrong.

Many times I have explained the true facts behind the McDonald’s case. When people hear what really went on, they understand exactly why the McDonald’s case isn’t crazy after all:

I explain that the woman suffered horrible burns, leaving her with permanent scars.
I explain how this particular McDonald’s purposely kept its coffee hotter than other McDonald’s despite previous people who were injured by the scalding coffee.
I explain how the judge reduced the jury verdict for punitive damages from $2.7 million to $480,000.
I explain that the legal system actually worked as it should in that case because ultimately McDonald’s was only ordered to pay an amount that was just and fair to the victim as well as an amount that was just and fair to McDonald’s.

But better than any explanation I can provide is a new movie called “Hot Coffee,” which tells the real tale behind the McDonald’s case. This movie is playing on HBO right now and I strongly urge you to watch it if you get the chance.

Don’t worry – the movie is actually much more interesting and entertaining than it sounds.

So you can learn more …

Here is the movie website and the HBO website.

To read an interview with the filmmaker, click here.

And here is the trailer for the movie:

Below I have pasted a recent review of the movie by noted lawyer Gerald L Shargel.

One thing I have learned as a trial lawyer is that there are ALWAYS two sides to every story, so it’s important that we always hear BOTH sides before reaching a final conclusion ….

Thanks for reading and please let me know what you think of the movie!

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

From Gerald L. Shargel’s review:

“While there may be no reliable data about the number of frivolous lawsuits filed each year, the civil justice system is largely self-regulating and the vast majority of frivolous lawsuits are weeded out early. The initial filtering process is the assessment of the case by lawyers who often take cases on a contingency basis, earning a fee only if there is a recovery; lawyers understandably will avoid a case where the claim is unlikely to succeed. Even after a jury verdict, a judge has the right to modify a jury’s damage award if the evidence does not support it. In Stella Lieback’s hot coffee case against McDonald’s, the trial judge reduced the $2.7 million punitive damages verdict to $480,000, while compensatory damages were reduced from $200,000 to $160,000.

“Tort claims serve the public good. More than simply compensating victims, meritorious lawsuits can force corporate or individual defendants to change or modify the behavior that caused the harm or injury. Hot Coffee lends a strong voice to those who favor fundamental fairness in redressing well-founded claims.”

To see the full review, go here.

Must See TV: Hot Coffee Premieres on HBO on Monday 6/27 (lawprofessors.typepad.com)

NY Malpractice Lawyer Discusses “Wrong-Site” Surgery Cases: Did We Operate on the WRONG Leg?

Jim Reed — Tue, 21 Jun 2011 13:48:28 +0000

It's up to you to be vigilant when you or someone you love faces surgery!

As a New York medical malpractice lawyer who has handled “wrong-site” surgery cases, I wasn’t too surprised to see the news report that estimates that 40 times a week (that’s more than 2,000 times a year!), doctors mistakenly operate on the wrong site.

Huh, the wrong site? Yup, that happens when a doctor is supposed to operate on a RIGHT knee and he operates on the LEFT knee. Or the doctor was supposed to operate on the left eye and he operates on the right. Can you say “Ooooooppppsss”?

But this is NOT funny. The victims of wrong-site surgery suffer all the dangers of surgery (bleeding, infection, scarring, disability, etc.) with none of the benefits of the surgery they were supposed to receive. In fact, many times, the patient is so weakened by the wrong-site surgery that they don’t have the strength to undergo the surgery they were supposed to have.

The Washington Post reported this week that seven years after the Joint Commission, the group that accredits our nation’s hospitals, unveiled mandatory rules to prevent surgery errors, the problem may actually be getting worse!

The good news is that progressive hospitals and doctors are implementing strategies to combat wrong-site surgery, according to the report. Some strategies are simple: require the doctor to physically mark the site of the surgery during the pre-operative preparation; make both doctors and nurses double-check one another as to the proper site of the surgery, and so on.

Medicare is also creating a very strong incentive for doctors and hospitals to ensure that they do not perform surgery at the wrong site by refusing to pay any of the expenses associated with the incorrect surgery. Nothing like hitting someone in the pocketbook to make them pay attention!

And finally, the prospect of an expensive medical malpractice lawsuit is also a strong deterrent to this sloppy mistake that simply shouldn’t occur. In NY and PA, where I routinely practice, it is medical malpractice for a doctor to perform surgery at the wrong site because the standard of care for proper surgical practice always requires the surgeon to confirm the proper site for surgery BEFORE operating.

According to the Washington Post report, based on state data, Joint Commission officials estimate that wrong-site surgery occurs 40 times a week in U.S. hospitals and clinics. In 2010 alone, 93 cases were reported to the accrediting organization, compared with 49 in 2004.

“Attention to the problem comes at a time of increased focus on the broader issue of medical errors, which a recent study found affected one-third of hospital patients,” the report said.

The federal government recently introduced a program aimed at reducing medical mistakes, the Post reported. Medicare requires reporting and does not pay for wrong-site surgery, and many insurers have followed suit, the Post added. Next year, Medicaid will begin a similar policy.

Wrong-site mistakes have multiple causes, experts told the Post: mixing up the left and right sides; operating on a patient who was accidentally given test results belonging to someone else; marking the incorrect vertebrae in spinal surgery; neglecting to mark the site at all. Some occur even though a member of the surgical team thinks something might be wrong but fails to speak up, fearful of slowing the process or challenging the surgeon in charge.

Please remember when you or someone you love is facing surgery – be watchful and ask questions!

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

ANOTHER Gas Truck Accident in PA– A Future Trend in the Twin Tiers?

Jim Reed — Wed, 12 Jan 2011 16:10:20 +0000

: Photo Courtesy: Lonnie Frost

As I posted before, due to the Marcellus Shale exploration and drilling in the area, I strongly believe that we are going to see a huge increase in very dangerous big truck accidents in the Northern Tier of Pennsylvania and Southern Tier of New York. A story on WETM-TV today (pasted below), shows that my prediction was spot-on.

Frankly, you don’t have to be a rocket scientist to make this prediction. Let’s face it, with tons more big trucks– water trucks, pickup trucks, well-drilling trucks– driven by drivers from distant states (have you ever seen so many Oklahoma and Texas license plates in Wellsboro before?) who are working 12-14 hours a day and who are hurrying to and from their work, collisions are bound to happen.

But the sad and tragic part is that these collisions are going to be bad. REALLY bad! Because when BIG truck meets small car, horrible injuries and death often result.

Now, you are probably saying to yourself” ”OK Jim Reed, as a NY and PA truck accident lawyer, all these truck accidents are good for your business so your sure-as-hell are loving it, aren’t you?”. And I can honestly tell you that although my business means the world to me because I already have two kids in college (and a third hopefully going soon!) so my business pays my bills, I HATE to see people’s lives destroyed in these accidents.

TRUCK ACCIDENTS DESTROY REAL LIVES

When you sit with a husband who lost his wife and the mother of his three young kids because a drunken idiot well-driller crushed her car to smithereens, you forget about your business and you feel the pain that such a loss inflicts….. That pain is something that never goes away no matter how much money I recover for the widower who now has to face life without the love and support of his true love. Sad stuff.

But what I CAN do is help that widower cope with the loss– I can make sure all the bills get paid, I can make sure that he can afford to hire help to help out with the kids, I can make sure he has both financial and emotional support during what is probably the toughest loss he has ever endured. And I can feel good about that…..

Thanks for reading and make sure to hug your loved ones EVERY day.

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)

WETM-TV STORY

Blossburg Officials Looking Into Alcohol Playing Role In Crash

Blossburg, P.A. – A natural gas worker lost control of his truck Monday morning in Tioga County, Pennsylvanialeaving a path of destruction behind.

Around 1:30 Monday morning, the driver of a Mercer Well Service truck lost control on Main Street in Blossburg. Blossburg Police stated that the truck first hit the Robindale Energy Services sign. Then, the truck hit a telephone poll causing it to snap. From there, the truck destroyed bushes and shrubs in front of the Southern Tioga Administration Building and hit their sign. The truck then side-swiped the Blossburg borough’s flag poll. It finally came to rest hitting a tree. School Superintendent Joseph Kalata told WETM 18 News that the incident could have been much worse.

“Shrubbery and so forth you can look at the devastation there, it’s shocking to see a rock in front of your building, but we can replace the shrubs and luckily it didn’t cause any further damage, it didn’t hit the building, it didn’t hit the porch or anything like that,” said Kalata.

Blossburg Police told WETM 18 News that the truck was traveling at high speeds with five people inside. Amazingly, no one was hurt. Police stated that they are investigating whether alcohol played a role. Businesses along Main Street that WETM 18 News spoke with stated that they are trying their best to go about their day.

“I’ve seen a lot of action across the street with a poll being snapped off and the road being blocked off. I assumed I was going to be in the dark, but found out it was just a telephone line that has been down all day,” said SuperStars store owner Scott Mahr.

“It’s very fortunate that it didn’t affect any of our buildings and didn’t affect any more damage than it already did,” said ChadWick’s store owner Chad Henry.

The driver’s name has not been released. Police stated that Mercer Well Service is paying for all of the damages and have been very corporative during the entire process. Mercer officials did not return our call for comment.

In Pennsylvania, Cell Phone Using Drivers Could Face Punitive Damages

Adam Gee — Fri, 17 Dec 2010 21:08:47 +0000

We see them every day – its seems like the driver of every 3rd car on the road is distracted. Some are talking on their cell phones, some are texting. Some are checking their e-mail or surfing the web. Some are doing all of the above! But all of them are distracted, and they put the rest of us in danger. As an injury attorney who represents people injured by distracted drivers, it makes me angry. As another driver on the road, distracted drivers make me nervous. As a motorcyclist, distracted drivers scare the hell out of me!

Study after study shows that distracted drivers are just as dangerous, if not more dangerous, than drunk drivers. But people who would never consider driving drunk don’t even think twice about pulling out their cellphone and updating their facebook status while cruising down the highway at 80 mph.

We all know the behavior is dangerous. We all know the behavior is illegal. Now, Pennsylvania has made it possible to punish distracted drivers for their dangerous behavior.

In most injury cases, the victim is entitled to be fully fully reimbursed for their economic damages as well as non-economic damages like past and future pain and suffering, but juries aren’t allowed to punish the defendant by awarding the Plaintiff more money. Punitive damages are just that – an award of money to the Plaintiff which is meant to punish the Defendant for particularly egregious behavior. Punitive damages are rarely allowed – they are reserved for those cases where a Defendant’s behavior is so careless as to be considered “reckless”.

A recent case in Pennsylvania (Deringer v. Li, No. GD10-019081 pending in the Court of Common Pleas of Allegheny County) has cleared the way for punitive damages to be imposed in cases where a distracted driver causes an accident. The reasoning behind this decision is that the dangers of using a cell phone while driving are so well known and the extent of the distraction necessary to engage in those activities is so great that the behavior goes beyond mere negligence and constitutes reckless behavior. While this is a wonderful decision for Plaintiffs, it is far from the end of the story. Ultimately, it will be up to a jury to decide whether to award punitive damages, and if there is an award it will be subject to judicial review. But the threat of punitive damages alone may be enough to change someone’s behavior.

Unfortunately, sometimes it takes the threat of something like punitive damages to get people to change their behavior. Pennsylvanians now face a very real threat that their careless, reckless behavior could result in punitive damages. Hopefully New York follows Pennsylvania’s lead.

Please don’t use your cell phones while driving. The lives of my kids and your kids may depend on it.

Thanks for reading, and drive safe!

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

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New York Accident Lawyer | New York Malpractice Attorney | NY Injury Lawyer » PA Laws and Cases

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

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.

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!

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