What Twin Tiers Drivers Need To Know About Roundabout Safety

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Roundabouts have arrived in the Twin Tiers, and the circular intersections have confused many drivers.

Most drivers who rarely see roundabouts have had to learn to (1) slow down as they approach and be ready to yield, and (2), yield to traffic already in the roundabout as they prepare enter.

radialMotorists will find roundabouts on state Route 13 in Horseheads, at Franklin Street and Old Ithaca Road, and a new one in Newfield on Route 13. Many Chemung County-to-Ithaca commuters have learned to navigate roundabouts because they are a daily fact of life.

There are also two small roundabouts on Maple Avenue on Elmira’s Southside, and soon, the city of Elmira will have a high-profile roundabout on North Main Street just south of Elmira College, one of the high traffic areas in the city. The city is still lining up funding for construction of that roundabout after initial bids came in too high.

In this era of aggressive driving, it’s hard to get motorists to slow down and yield, so as we see more roundabouts, we could see more crashes.

The biggest lesson for Twin Tiers drivers? As you approach a roundabout, be prepared to yield to vehicles already in the roundabout when you arrive.

Many motorists shake their heads and argue that roundabouts aren’t needed, that traffic lights and stop signs work just fine, but transportation and highway safety officials say they are safer. Especially for left-turning traffic.

Andy Avery (WETM)

Andy Avery (WETM)

Andy Avery, the commissioner of public works for Chemung County, knows why roundabouts make sense for the Twin Tiers. Roundabouts, for one, have fewer conflict points in comparison with conventional intersections, he said.

“The potential for hazardous conflicts, such as right-angle and left-turn head-on crashes, is eliminated with roundabout use,” he said. “Additionally, roundabouts eliminate the vast majority of 90-degree and head-on crashes. Crashes are low speed and at an angle, generally reducing severity and damage.  Roundabouts eliminate most stopping situations for vehicles, increasing efficiency of the intersection, and reducing pollution caused by vehicle idling.”

Roundabouts are a relatively new way of designing intersections in our area, Avery said, so confusion and frustration are common reactions for motorists new to roundabouts.

“Drivers unfamiliar with roundabouts should take the time to read the signage and slow down,” he said. “The biggest challenge for drivers has been the realization that the perceived main route doesn’t always have the right of way.”

So, for example, if you are approaching a roundabout on Route 13, that doesn’t mean you have the right of way. If someone is in the roundabout as you approach, you must yield to them.

The roundabout is the best option for the North Main Street project in Elmira, Avery said.

“The roundabout will solve an oversized, multi-approach intersection (with a crash history) by creating a logical and safer progression through the intersection,” he said “It will reduce 90-degree crashes, lower speeds, and provide for easier access from the side streets.”

According to statistics reported by the Federal Highway Administration (FHWA) in the U.S. Department of Transportation, roundabouts result in:

  • More than 90 percent reduction in fatalities.
  • 76 percent reduction in injuries.
  • 35 percent reduction in all crashes.
  • Safer intersections for pedestrians because of the slower traffic.

Also from the FHWA:

“Roundabouts can provide lasting benefits and value in many ways. They are often safer, more efficient, less costly and more aesthetically appealing than conventional intersection designs. … The FHWA Office of Safety identified roundabouts as a Proven Safety Countermeasure because of their ability to substantially reduce the types of crashes that result in injury or loss of life. Roundabouts are designed to improve safety for all users, including pedestrians and bicycles.

“Most significantly, roundabouts REDUCE the types of crashes where people are seriously hurt or killed by 78 percent to 82 percent when compared with conventional stop-controlled and signalized intersections.”

Learn more about roundabouts from the FHWA, the New York State Department of Motor Vehicles, the Pennsylvania Department of Transportation, and the Insurance Institute for Highway Safety (includes a great Q&A).

Also download this PDF from FHWA: Safety Aspects of Roundabouts.

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 & 2019 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

 


Danger Zones: Our Unsafe Roads and What You Can Do To Be Safer

car-accidents-on-the-rise-nationwide_0The latest motor-vehicle crash statistics from around the world down to the counties in the Twin Tiers remain grim, but there are a few bright spots in New York and Pennsylvania.

The number of traffic-related deaths worldwide reached a high of 1.35 million in 2016, according to news reports about the World Health Organization’s 2018 Global Status Report on Road Safety.

Capture1Although the report points out that progress has been made in certain areas, such as legislation, it has not happened quickly enough to meet the UN’s goals to halve road traffic deaths between 2016 and 2020.

Closer to home, New York and Pennsylvania roadway statistics continue to show how dangerous our roads are. And with the winter months ahead of us, dangers grow on our roads.

The numbers are eye-opening.

From the latest New York State report,
for the years 2012-2014:

On average there were 1,098 deaths each year due to motor vehicle traffic-related injuries, killing 5.6 of every 100,000 New Yorkers. The rates were highest for males and New Yorkers ages 65 and older followed by those 20 to 24 years old.

The rate of deaths due to motor vehicle traffic-related injuries decreased from a high of 8.4 per 100,000 residents in 2001 to a low of 4.9 in 2014.

On average, there were 12,093 hospitalizations each year due to motor vehicle traffic-related injuries, hospitalizing 61.5 of every 100,000 New Yorkers. The rates were highest for males and New Yorkers ages 20 to 24 years old, followed by those 65 and older.

41LFZQwEf1LThe rate of hospitalizations due to motor vehicle traffic-related injuries has decreased from a high of 87.5 hospitalizations per 100,000 New Yorkers in 2002 to 57.0 in 2014.

BY THE NUMBERS:

2017 national crash overview

Early 2018 national crash overview estimate

NY crash data summary 2014

PA 2017 crash statistics overview

On average. there were 136,913 emergency department (ED) visits each year due to unintentional motor vehicle traffic-related injuries, requiring the treatment of 696.6 of every 100,000 New Yorkers. The rates were highest for females and New Yorkers ages 20 to 24 years old, followed by ages 15 to 19.

The rate of ED visits due to unintentional motor vehicle traffic-related injuries decreased from 778.7 ED visits per 100,000 New Yorkers in 2005 to 685.8 in 2008. They increased to 731.0 in 2010, followed by a decrease until 2013 when the rate increased to 737.0. In 2014, the rate decreased to 683.1.

In Pennsylvania:

In 2017, there were 128,188 reportable traffic crashes in Pennsylvania. These crashes claimed the lives of 1,137 people and injured another 80,612 people. To add some perspective, the 2017 total of reportable traffic crashes is the twelfth lowest total since 1950, when 113,748 crashes were reported.

In 2016, there were approximately 101.1 billion vehicle-miles of travel on Pennsylvania’s roads and highways. The 2017 fatality rate of 1.12 fatalities per hundred million vehicle-miles of travel was the lowest ever recorded in Pennsylvania since the department started keeping records of this in 1935.

Here are the latest crash results available by counties in New York and Pennsylvania.

My observations:

The two biggest causes of collisions I have been seeing lately are distracted driving resulting in rear-end collisions and driving too fast for conditions (usually in snow but sometimes in rain).

One other big cause is left-turning cars that fail to yield the right-of-way to oncoming vehicles.

My best advice, based on more than 30 years of representing injured clients in crash cases:

  • Slow down this winter, because you never know when you will hit ice or frozen debris in roadways.
  • Turn the phone off until you are stopped or reach your destination. No peeking at traffic lights.
  • Beware of vehicles turning left or planning to turn left. Some people never turn their turn signal on, and some do but either don’t see you approaching or think they can make the turn before you are in the intersection. Approach intersections with extra caution because everyone seems to be in a hurry and in no mood to wait.

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 & 2019 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

 

 


Be Prepared For Crashes With The New Ziff Law Crash Help App

The Ziff Law Firm wants to help drivers in their most stressful moments – in the minutes after a vehicle crash. Be prepared and protect yourself and your loved ones with the free Ziff Law Crash Help App for iPhones and Androids.

Crash Help picThe Ziff Law Crash Help App’s automatic car crash detection system uses internal sensors in your smartphone to detect a crash and automatically sends a help message with your location to the emergency contacts you selected, if it is enabled.

Crash Help also features:

  • Camera, video recorder, and a text notepad to record all pertinent crash information.
  • Time-saving forms to help you collect information from other drivers, passengers, and other witnesses.
  • An automatic GPS locator that captures critical crash information like traffic patterns and road conditions.
  • A frequently-asked-questions section that educates users about the best ways to prepare for and handle any motor vehicle crash.
  • A locator of emergency services based on your location.

Download the iPhone App here.

Download the Android App here.

Thanks for reading,

Jim

Jim 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

 

 


When It Comes To Buying Car Insurance, Shop Local, Says NY and PA Personal Injury Lawyer

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

This column was originally published in The Odessa File.

It’s not easy to convince people to invest more money in their car insurance.

I often meet people, and represent clients, who are underinsured, and when I advise them to budget more money for car insurance, I am sure that some wonder, “Why does he want the insurance companies to make more money?”

I represent injured people; I’m not a salesman for insurance companies. I don’t want you to give an extra penny to the insurance companies that you don’t have to, but the reality is, most people are underinsured — and being underinsured can be financially devastating. You need to have enough insurance to adequately protect yourself and your family.

But how do you decide what is enough insurance coverage? That’s the tough question, and the answer depends upon your unique circumstances: your income, your assets, the number of dependents, your health insurance coverage, and so on.

R1-1_MOD__34542.1522940971Because there are so many factors at play, my best advice is to consult an experienced, LOCAL insurance agent. Do NOT buy your insurance online or on the phone. Take the time to sit down face-to-face with an agent who can ask you the relevant questions and who can answer your questions. There are many excellent insurance agents in our area, so ask around and see who your friends and neighbors recommend. You are looking for an agent who will take the time to get to know you and your needs.

I know that the last thing anyone wants to do is spend a lot of time shopping for insurance, and it’s very tempting to just buy the cheapest insurance you can find online but the reality is that, no matter what, you are going to be spending a lot of money insuring your vehicle and home, so it’s important that you spend your money wisely to make sure you get the coverage you need. Take the time to do this important job of buying insurance correctly.

And as an absolute baseline for all New Yorkers, I recommend that you have at least $250,000 in Liability and Supplemental Underinsured Motorist (SUM) coverage. When a single helicopter flight to the hospital can cost $38,000 (I kid you not!) and a single day in the ICU more than $20,000, anything less in coverage is simply not enough.

Although I appreciate that my $250,000 recommendation is more than the $25,000 New York minimum, I would point out that this minimum coverage has not been increased in over 30 years while medical costs have skyrocketed. I think it’s ridiculous and financially foolhardy that state legislators in Albany have not increased the minimum limits, but regardless, you have the power to do the smart thing by buying enough coverage to protect you and your family. Better safe than sorry.

So get out your current policy and review your SUM and Liability limits. If you have a question about your car insurance policy, email me at [email protected] I will provide a free evaluation.

Be well and drive safely,

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

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]
(607) 733-8866


Police Investigate After Pedestrian Struck By Vehicle In Town Of Chemung, Says NY and PA Accident Lawyer

emergency

A pedestrian was struck by a vehicle Tuesday evening in the town of Chemung, and the New York State Police are investigating, according to Twin Tiers news reports.

Emergency responders were called to county Route 60 near Tomasso’s at about 9:30 p.m. Tuesday for reports of an injured pedestrian. Tomasso’s is a restaurant and golf course.

According to one news report, the person struck by the vehicle received CPR on the scene. It was not clear if the pedestrian was transported to a hospital.

State police declined to release any other information at midday Wednesday.

We will update this post as more information becomes available.  Our thoughts are with the pedestrian, and we hope to hear good news concerning his or her condition soon.

UPDATE – local media is now reporting that the collision occurred at approximately 9:15 PM on July 17, 2018.  It is also reported that the pedestrian involved in this collision is a 15 year old girl who was walking home with her father, and that emergency crews were performing CPR on the girl at the scene.  More information is expected to be released later today.

UPDATE #2 – We are very sad to report that pedestrian has died.  15 year old Xanadu Rumsey was pronounced dead at the Robert Packer Hospital after being struck from behind by a vehicle.  It is reported that this was a hit and run collision, and the police continue to investigate and search for the driver involved.  If you have any information concerning this collision, please contact the NY State Police at 607-739-8797.

Thank you for reading,

Adam Gee
[email protected]
(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

 


Go Car-Less For Two Weeks During 2016 Car-Free Challenge

chemung4

Can you make it most or all of two weeks without driving your car and find alternate ways to get to work, shop and live the rest of your life?

If you are up for the challenge in Chemung, Steuben, Tompkins and Schuyler counties, join the 2016 Car-Free Challenge from Sept. 22 through Oct. 5 and learn about some of the other ways to get around besides as a pedestrian or bicyclist. Check out carpooling resources and mass transit options at the website.

chemung-how-it-works-01To participate, click here and find the link to your Twin Tiers county. You will be asked to register, and to be eligible for drawings, you will need to log at least one car-free effort every day in the two-week period.

Every time during the two weeks that you ride a bike, walk, ride a bus or carpool instead of driving alone, log an entry on the website. To be eligible for a grand prize drawing, you must have at least three days of car-free efforts in the two weeks.

Keep track of your car-free mileage so organizers know how many miles were saved by all participants!

Check out 511NY Southern Tier Rideshare, a free resource to help you find carpool partners who live or work in Steuben and Chemung counties.  When you sign up for ride-matching, you’ll join other riders and drivers in a database. You will save money and be eligible to enter a raffle to win a $25 grocery store gift card when you register for carpooling.

The announcement of the grand prize winner will be at 10 a.m. Oct. 11 at the meeting of the Chemung County Coordinated Transportation Committee at the Corning Community College campus in Elmira at 318 Madison Ave.

Thanks for reading.

Jim

___________________________________

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
            NYBikeAccidentBlog.com

Jim Reed Named Among Best Lawyers in U.S. for Sixth Year In A Row

Jim Reed is managing partner of the Ziff Law Firm.

Jim Reed is Managing Partner of the Ziff Law Firm.

Jim Reed, Managing Partner of the Ziff Law Firm in Elmira, has been selected by his peers as a “Best Lawyer in America” in a national directory of top-rated attorneys for the sixth year in a row.

Jim, selected as a Best Lawyer in Personal Injury and Medical Malpractice law, was named to the 2017 Best Lawyers in America guide following a survey of lawyers in his geographical region and areas of practice. Reed was first selected for the 2012 guide.

In September 2014, Jim was named the 2015 Plaintiffs’ Lawyer of the Year by the Best Lawyers in America guide among personal injury lawyers in the Southern New York Region, based on the recommendations of lawyers in Chemung, Steuben, Tompkins, Broome and Tioga, N.Y., counties.

JIm, who has been practicing law since 1986, has argued cases at every level in the New York State court system and has successfully handled many multi-million dollar cases. His practice handles serious personal injury, bicycle accident and medical malpractice cases in NY and PA.

Jim’s leadership, experience and hard work have helped to made this the best year ever at the Ziff Law Firm, with multi-million dollar recoveries on behalf of our injured clients.

His selection as a Best Lawyer shows that he has an excellent reputation in the Twin Tiers legal community, and a trial lawyer’s reputation means everything.

Every client should care about the reputation of their lawyer because it can influence the success or failure of their case. If you have a good reputation, as Jim does, opposing counsel and judges afford you courtesy and respect. They know that every case handled by a lawyer of Jim’s stature is a good case.

Jim is also the legal expert for WETM-TV in Elmira and appears in a segment called “Law Talk” at about 12:20 p.m. each Wednesday during WETM’s noon newscast to discuss legal issues in the news.

Thank you for reading,

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: [email protected]

 

 


Ziff Law Lawyers Fighting In Albany For NY Families

 

tort reform art

Christina Sonsire and Adam Gee of the Ziff Law Firm recently went to Albany to fight for grieving families in New York State – like Craig and Melissa Storms, who lost their 2-year-old son in a hospital emergency room.

“Knowing that the same family could recover if they lived just across the border in Pennsylvania due to its strong wrongful death laws makes it even tougher for us to deal with families in New York,” said Adam Gee.

“Knowing that the same family could recover if they lived just across the border in Pennsylvania due to its strong wrongful death laws makes it even tougher for us to deal with families in New York,” said Adam Gee.

Christina and Adam lobbied with other members of the New York State Trial Lawyers Association in the New York State Legislature to fight for reforming New York’s 153-year-old wrongful death law, something the lawyers at Ziff Law have been doing for nearly a decade.

“We have been to Albany numerous times to fight for justice for those who lose a loved one due to negligence. It’s one battle we will never stop waging until the laws in New York finally improve,” Christina said.

Under the present wrongful death statute in New York, the assessment of damages is based almost exclusively on expected future income, something that is very biased toward the state’s highest-earning residents. Worse, New York is one of only seven states that do not compensate family members for their grief and sorrow.

“The reality is that New York law discriminates against people who are very young, retired or out of the work force, such as stay-at-home parents or people with disabilities,” said Christina Sonsire. “The families of people who are not actively engaged in the work force have little to no claim for wrongful death in New York.”

“The reality is that New York law discriminates against people who are very young, retired or out of the work force, such as stay-at-home parents or people with disabilities,” said Christina Sonsire. “The families of people who are not actively engaged in the work force have little to no claim for wrongful death in New York.”

“The reality is that New York law discriminates against people who are very young, retired or out of the work force, such as stay-at-home parents or people with disabilities,” Christina said. “The families of people who are not actively engaged in the work force have little to no claim for wrongful death in New York.”

Having to tell a family that we cannot take a case because their loved one’s life is worthless in the eyes of New York State law is a very difficult thing to do, Adam said. “Knowing that the same family could recover if they lived just across the border in Pennsylvania due to its strong wrongful death laws makes it even tougher for us to deal with families in New York.”

The tragic case of 2-year-old Zachary Storms highlights the discriminatory nature of New York’s wrongful death law.

Zachary’s story is heartbreaking.

Craig and Melissa Storms rushed their child to a hospital emergency room because they feared he may have ingested some red and blue dye from a child’s chemistry set.

They did all the right things. They consulted with the American Association of Poison Control Centers, which recommended, to be safe, that they take the child to a local hospital for precautionary treatment.

Things turned nightmarish quickly.

The Poison Control Centers urged “observe-only” to the hospital, but instead, the doctor forced young Zachary to drink an activated charcoal solution. He vomited and refused to drink more and the hospital put a gastrointestinal tube down his throat and poured so much liquid that it filled his throat, stomach, and lungs, killing him almost instantly.

“He was running around the emergency room, playing. Then he was dead,” said Melissa Storms.

“This is about justice and holding the people who caused his death accountable,” said Craig Storms.

However, New York’s wrongful death law only values financial loss, not human loss. A toddler, Zachary clearly was not earning any income, and his young age made it too speculative to project what he would make in the future. Therefore, under New York’s current wrongful death law, Zachary’s life was worthless.

When Congress established the Sept. 11th Victim Compensation Fund, it circumvented the law so surviving victims and victims’ families could be properly compensated. “Congress understood New York’s law is antiquated, and doing something like denying compensation to the parents whose children died that day was just wrong,” said Christina.

It’s time for New York State to do the same and take a giant step toward civil justice reform.

The lawyers at the Ziff Law Firm will not stop fighting for families until New York State changes this law.

Contact your local state representative and tell them about Zachary and why it’s important to modernize the state’s wrongful death law.

Thanks for reading.

Jim

___________________________________

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
            NYBikeAccidentBlog.com