To Keep Roads Safe, Clear Snow And Ice From Your Vehicles, Says NY and PA Personal Injury Lawyer

Depositphotos_55923601_m-2015

Many of our vehicles are covered with ice and snow from our recent winter storm, and we are about to get hit with more over the next two days.  If we don’t remove that snow and ice before hitting the road it will take to the air, often hitting other vehicles or pedestrians. It’s bad enough when it’s just snow, but given all of the ice we endured recently, it makes those flying snow piles even potentially deadlier weapons.

A Syracuse-area man driving on Interstate 690 said this week that snow and ice that flew off the top of a tractor-trailer smashed the passenger side of his windshield. He was able to pull over safely, but not everyone is that lucky.

“The only way I could describe it is when I saw it, it looked like a giant kite, and it kind of just hung there in the air,” Scott Johnson told the news media.

this-is-safest-way-remove-snow-car-503844496-ratmanerA body shop in Syracuse told the news media it had received at least 60 calls for broken windshields just in one day.

One good rule of thumb when traveling among trucks this time of year: slow down and give them a lot of room, because you never know when snow and ice will be sent flying, especially as the weather warms up.

Also, check your insurance policy and be sure it covers repairs for a shattered windshield.

“What happens quite often is that you’re not aware of who the other person is, whether they’re passing you, you’re passing them, and again, that person may not know that ice came from their vehicle,” said Trooper Jack Keller of the New York State Police.

To protect other motorists – and spare yourself a possible lawsuit if snow and ice off your vehicle causes a crash or damage – consider buying a push broom or snow rake for the top of your vehicle.

In addition to the threat of shattering another driver’s windshield, snow and ice flying off your vehicle can  reduce visibility for other drivers and lead to a crash.

According to AAA, in a 2009 survey, 54 percent of motorists said they never or rarely remove accumulated snow and ice from their vehicles.

New York and Pennsylvania both have laws regarding the removal of snow and ice from vehicles.

In New York, drivers with more than three inches of snow on their roof or cargo area more than three hours after a storm could face $150 to $850 in fines.

In Pennsylvania, the law states: “When snow or ice is dislodged or falls from a moving vehicle and strikes another vehicle or pedestrian, causing death or serious bodily injury, the operator of the vehicle from which the snow or ice is dislodged or falls shall be subject to a fine of not less than $200 nor more than $1,000 for each offense.”

No matter where you are, if snow and ice from your vehicle flies off and causes a crash, you could be held responsible for it.

Be a responsible and safe motorist and be sure to remove the snow and ice on your vehicle before turning the key.

Thank you for reading,

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


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

 

 


Before Your Holiday Road Trip, Review The Most Common Causes Of Car Accidents — And Be Prepared For A Safe Trip!

Car_crash_1

Patrick Allan recently wrote a timely story for LifeHacker about vehicle accidents – and what to look out for this holiday season (and any other time) – as you race about to your next distracted destination.

To get there safely, take a deep breath when you hop in the car and remember what Patrick wrote in “The Most Common Cause of Car Crashes.” Yes, his story is a reminder for drivers 365 days a year.

He suggests some basic safety procedures in addition to getting some sleep before driving – wear your seat belt, don’t drive while intoxicated, and avoid using your phone while driving. All good advice we should already be listening to every day.

Patrick also cites Steve Casner, a safety expert and author of “Careful: A User’s Guide to Our Injury-Prone Minds,” who used data collected for the National Motor Vehicle Crash Causation Survey for the U.S. Department of Transportation, to come up with  a post for Slate on the types of accidents that happen the most:

  • Falling asleep at the wheel: About 7 percent of all accidents and 21 percent of fatal crashes. Check out Patrick’s previous blog post about drowsy drivers for more information about just how dangerous it is, and how much sleep is ideal. (Hint: it’s NOT five hours a night.)
  • Loss of vehicle control: Accounts for 11 percent of all crashes. Always keep other driving variables in mind. Consider the weather, your vehicle’s maintenance, and other drivers.
  • Blind left turns: Accounts for 12 percent of all crashes. If you can’t see around that bus, don’t risk driving out into the intersection. Always stop and wait until you know the coast is clear.
  • Rear-enders: Accounts for 23 percent to 30 percent of all crashes. Pay attention to the car in front of you, watch for those brake lights, and always give yourself plenty of space to stop if you need to.
  • Not staying in your lane: Accounts for roughly 30 percent of all crashes. It doesn’t take much for a driver to drift out of their lane and cause a serious accident.

The rest of the causes involve things like rolling right on red lights, which Casner says accounts for 6 percent of all pedestrian fatalities – but 21 percent of those fatalities are children.

The survey also says about 36 percent of all “pre-crash events” occurred while drivers were turning or crossing at intersections. That’s why it’s critical that you always come to a complete stop, and then check carefully for pedestrians and vehicles, before turning or driving through.

Bottom line: Keep your eyes open after a good night’s sleep. Keep your eyes on the road, not your phone or satellite radio or anything else. Watch for pedestrians, bicyclists, motorcyclists, children, anything or anyone who is moving around you.

Thanks for reading!

Jim

___________________________________

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

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