Icy Roads Kill…..Especially When Large Trucks Fail to Slow Down for Conditions…..

The driver of a UPS tandem tractor-trailer similar to this one triggered an accident Tuesday morning that killed an dessa man.

The driver of a UPS tandem tractor-trailer similar to this one triggered an accident Tuesday morning that killed an dessa man.

There is a fundamental rule every new driver is taught:  You are REQUIRED to reduce speed when conditions require.

Unfortunately, many drivers violate this fundamental rule and often the consequences are deadly.

An Odessa man who was critically injured Tuesday morning when a UPS tandem tractor-trailer struck and rolled over on his vehicle on an icy Route 13 died early Wednesday, according to the New York State Police.

Troopers said Glenn Marsh, 58, of Odessa, was driving south on Route 13 at about 8 a.m. Tuesday when the truck, which was traveling down a hill, crossed the center line near the Chemung-Schuyler county line and struck Marsh’s sedan head-on and rolled over on it, according to news reports.

20863-2Marsh suffered massive injuries, troopers said, and had to be extricated from his crushed vehicle by emergency workers. He transported to Robert Packer Hospital in Sayre, PA.

New York State Police Sgt. Steve Neuberger told the news media it was the fault of the UPS truck driver: “The UPS driver lost control due to slick conditions. The truck went across the road and struck the car, and the car went under the trailer.”

Marsh died during the night, police said.

This is the latest tragic example of what happens when tandem tractor-trailers hit icy conditions, especially on hilly two-lane highways!

Thanks for reading,

Jim
______________________________________
Jim Reed, N.Y. Truck Crash Lawyer
[email protected]


Twin Tiers Drivers, Have You Heard Of The “Move Over” Law?

move-over-law

I recently received a message from a Twin Tiers resident after a friend of hers received a $300 ticket on a New York State highway for allegedly violating the state’s “Move Over” law.

The woman said her friend slowed down as she passed a police car, which was stopped with flashing lights. The officer was helping a motorist with a disabled vehicle.

Shortly after that, an officer pulled over her friend and informed her about the law and told her she always needs to slow down AND move to the passing lane. The woman who wrote the note to me said she had never heard of the law, and neither had any of her friends.

She suggested I warn our blog readers, and I thought that was a great idea!

I hope this story opens the eyes of many Twin Tiers drivers who were not aware of the law, and serves as a stark reminder to those who have heard of the law but did not know the specifics.

The Ambrose-Searles Move Over Law, which went into effect on Jan. 1, 2011, is named in honor of New York State Trooper Robert W. Ambrose and Onondaga County Deputy Sheriff Glenn Matthew Searles, who were killed by vehicles while helping motorists. The law is designed to protect law enforcement and emergency workers.

In 2012, the law was amended to include tow and service-vehicle operators.

When approaching these vehicles that are stopped, parked or standing on the shoulder, drivers are required to:

  • Reduce speed.

  • Move to an open lane (unless they cannot do so safely).

Read the full text of the law here.

The penalties are stiff:

It’s a moving violation and three points on your license. (It was two points in 2011, but increased to three points when the law was revised in 2012.)

The fine is $275 PLUS a state surcharge (tax).

If you have two violations of this law in an 18-month period, the state DMV slaps you with a Driver Assessment Fee, which STARTS at $300 and could go up from there.

So the next time you approach an emergency vehicle or service vehicles helping motorists, SLOW DOWN AND TRY TO GET OVER INTO THE NEXT LANE.

If it’s not possible to get over, give them as much room as you can and go slowly.

 

Thanks for reading, and take it slow out there!

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

 

 


Be Safe And Smart — Don’t Pass Snow Plows This Winter

www.timesunion.com

www.timesunion.com

Everyone knows you should not pass a stopped school bus when its red lights are flashing, and now that the snow is flying in the Twin Tiers, many people are wondering if they can pass a snow plow because they have flashing amber lights.

Is it legal to pass a snow plow? The simple answer is yes, you “can”, but why would you want to do it?

It’s not recommended for many reasons.

According to the New York State Department of Transportation, snow plow operators have trouble seeing motorists and pedestrians that are too close because their field of vision is limited by blind spots.

Also: 

  • The wing blades of snow plows obscure side views.
  • The size and weight of snowplows make them difficult to maneuver or stop quickly, especially since the highway ahead of a plow often is slippery or snow-covered.

So give the plow operators plenty of room to do their job, and BE PATIENT.

About those flashing amber lights:

New York State Vehicle and Traffic Law requires that plows and other “hazard vehicles” have amber lights to warn motorists and pedestrians to expect the unexpected, and to stay clear of the plows and other vehicles.

DOT logoFor safety reasons, motorists and pedestrians should adhere to the following guidelines, according to NYSDOT:

  • Stay a safe distance away from snowplows. The safest place for motorists is well behind the snowplows where the road is clear and salted. The safest place for pedestrians is on the sidewalk, and in clear vision of the snowplow driver.
  • Never assume that a plow driver can see you.
  • Yield to a snowplow, giving the plow a wide berth with room to maneuver.
  • Beware of deicing materials that may be released from the plow and keep your distance from them.
  • Motorists should make sure to have clear vision ahead and that passing is permitted before attempting to pass a snowplow.
  • On two-lane roads where passing is not permitted, be patient.
  • Be mindful of where snowplows are on multi-lane highways. Watch for plows in travel lanes, on a shoulder or entering the road from a ramp or median turnaround. They also may need to back up, which may impede routine traffic flow.
  • After passing a snowplow, use caution when returning to the driving lane ahead of the plow. The plow blade extends several feet ahead of the truck.
  • Move as far away from the center line as safely possible when meeting a snowplow on a two-lane road coming from the opposite direction.
  • Watch for “white-outs” created by blowing snow coming off the snowplow blade.
  • Don’t travel beside a plow for sustained periods, especially when the plow is cutting through deep snow. Plows can be pushed sideways after hitting drifts or snow banks.

This blog post was adapted from a “Law Talk” segment with me during the WETM News at Noon on Jan. 7, 2015. Ziff Law Firm lawyers discuss legal issues in the news at 12:20 p.m. every Wednesday on Law Talk. Set your DVR to catch the five-minute segments each week!

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