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

Posted on November 3, 2011 by Jim Reed

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

Posted on October 24, 2011 by Jim Reed

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
__________________________________________

ELMIRA ATTORNEY BREAKS DOWN NEW YORK BAD FAITH CASE

Posted on October 20, 2011 by Christina Sonsire

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

This is how the decision begins:

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

Col. Jessup:You want answers?

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

Col. Jessup:You want answers?

Lt. Kaffee:I want the truth!

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

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

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

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

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

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

Thanks for reading!
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

Easy Way To Save 10% On Your Car Insurance, Says NY Accident Attorney

Posted on October 19, 2011 by Jim Reed

An online driving course in New York State offers motorists many benefits.

Online driving courses make sense for all motorists. Successfully completing a course (on your schedule) in New York State will lower your insurance premiums a minimum of 10 percent for three years, may reduce four points on your license (if you have violations) and will refresh your skills.

Like most people, I took the online course to lower my insurance premiums, but I found the course very informative and educational.

Insurance.com says that if you’re between 16 and 25, you can save about 15 percent each year on your auto insurance for taking a defensive driving class, and those over the age of 55 can get a discount of 5 percent.

According to the blog Lifehacker, online courses are about $35, depending on the type of class you have to take, and they usually take four to eight hours. They often give you several weeks to finish the course. Each time you sign in, you’re returned to where you last worked.

The New York Department of Motor Vehicles has a great website about its Point & Insurance Reduction Program. Please check it out.

Also check out the state’s list of approved courses.

Drivers in Elmira, Corning and the Twin Tiers can save some money – and make our roads safer for everyone – by taking an online course. It’s that easy. Save money and save lives. That’s a great combination!

Have you taken an online driving course? What tips do you have for my readers? Did you find the course challenging? Please share your thoughts with your neighbors!

Thanks for reading.

Jim
__________________________________________

Elmira, NY Malpractice Attorney Recommends Riveting Book About Medical Negligence

Posted on October 19, 2011 by Christina Sonsire

I don’t often say this, but Oxygen, a novel by Carol Cassella, is a must-read.

My sister-in-law let me borrow her copy a few months ago when I was hunting for a good summer book. A first glance the topic — an anesthesiologist’s struggle to cope with her emotional and legal struggles after a mistake she made during surgery caused a young girl to die on the table — did not seem to fit my description of a vacation read (a.k.a. a slightly trashy, romantic drama that requires very little mental output). However, I gave Oxygen a try, and I am so, so glad I did.

As a plaintiff’s malpractice attorney, I tend to view malpractice cases primarily from one perspective — the victim’s. Seeing people in my office day in and day out who have been permanently injured or who have lost a family member due to negligence is a moving experience. As the attorney hired to represent the these victims’ interests, I am compelled to do everything I can to see that justice is served for them.

However, reading Oxygen reminded me of the struggles doctors and nurses endure after committing malpractice. Knowing you hurt or killed someone is a terrible cross to bear, yet our draconian medical insurance defense culture — featured prominently in the book — prevents doctors and nurses from acknowledging their mistakes and apologizing to the people affected by their negligence. Worse, the insurance system is set up to drag everyone — the victims and the doctors and nurses — through years and years of needless litigation all in the hopes of saving a few bucks.

As a society, we should be outraged. Many of us who have dealt firsthand with these issues are, but the ever-powerful insurance lobby does everything it can to keep most people from realizing the true extent of what is going on.

If you get a chance, I truly urge you to give Oxygen a read. If you do, please leave a comment for me. I would love to know what you think.

Thanks for reading,

Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

Upstate New York Attorney Asks: Should Medical Malpractice Victims “Go Pink”?

Posted on October 18, 2011 by Christina Sonsire

Image via Wikipedia

Last Sunday the New York Times ran an article in its business section entitled, “Welcome, Folks, to the Pinking of America.” The article — half in praise and half tongue-in-cheek — lauded Nancy Brinker for the outstanding effort she has made as founder and C.E.O of the Susan G. Koman foundation. Thanks to Brinker and the Koman community, EVERYONE is aware that pink = breast cancer awareness, and breast cancer awareness = saving lives.

But, how many lives are we really talking about? According to the article, approximately 40,000 women (along with a few hundred men) die each year from breast cancer. A big number, for sure, though far less than the number who die from heart disease and lung cancer. The difference? Marketing and the media-darling status of the ‘Get Pink’ crowd. I do not mean in any way to disparage the Koman effort, but simply to point out how perceptions can be deceiving.

Take Medical Malpractice Victims, for instance. According to a 2009 report by the Hearst Corporation, approximately 200,000 people die each year due to medical negligence. 200,000!!! That is over four times the number of breast cancer deaths, yet pink is probably the last color most people associate with advocates — such as plaintiff’s malpractice lawyers — who fight on behalf of those who have died.

It’s time to change the perceptions. Medical negligence is much, much more preventable than breast cancer. It is everyone’s duty to help make sure you or your loved one are not the next ones to fall victim to something that should never, ever happen.

ELMIRA ATTORNEY GIVES TIPS ON WHAT TO DO IF YOU SUSPECT MALPRACTICE

Posted on October 13, 2011 by Christina Sonsire

Image via Wikipedia

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

But, what happens when something goes terribly wrong?

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

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

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

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

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

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

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

Thanks for reading.
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

UPDATE: NY Clearly Sees Its Error, Resumes Drivers’ Eye Tests!

Posted on October 6, 2011 by Adam Gee

Image via Wikipedia

Just days after announcing that it would allow drivers to “self-certify” that their vision is good enough to drive, the New York Department of Motor Vehicles hit the brakes on that policy thanks to the outcry from across the state!

As Jim Reed said a few days ago it was a foolish idea, and I am relieved to see that the state is reversing this dangerous decision!

DMV Commissioner Barbara Fiala announced the reversal on Sept. 30 after residents, law enforcement, medical professionals and county clerks across the state said waiving the eye test in DMV offices is a threat to anyone in a vehicle, on a motorcycle or bicycle, and pedestrians.

The state has formed a panel of health, safety and transportation officials to determine the best way to check drivers’ vision, Fiala told the news media.

“I have asked the medical organizations prominent in the vision health field, AAA New York State and AARP to review the best alternatives for a system that receives more than 2.4 million driver license renewal applications each year,” Fiala said.

On Sept. 26, the DMV announced it was waiving the required in-office test so motorists could renew licenses online. The new policy took effect Sept. 28 and was suspended on Sept. 30.

Since 2000, New York state drivers had to read a line of an eye chart at the DMV as a requirement for a new license or provide medical certification.

Unfortunately, Pennsylvania is one of six states that does not require eye exams!

To read news reports about the reversal, go here and here and here.

How do you think New York state should check drivers’ eyesight? Please comment below and I will share your best ideas with our state lawmakers!

Thanks for reading.

Adam
__________________________________________

Adam M. Gee
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
NYBikerLawBlog.com

NY Lawyer Asks “Really?” As NY Drops Eye Test for Licensed Drivers

Posted on September 30, 2011 by Jim Reed

The New York DMV has dropped the eye test requirement for drivers, raising concerns about elderly drivers.

This cannot be a good idea … NY is dropping the eye test for drivers. At a time when I am seeing many more cases involving elderly drivers – drivers in their 70s and 80s – involved in bad car crashes, does NY really think it’s a good idea to eliminate an eye test that might be the most effective tool for identifying when an elderly person might need to stop driving?

Now, don’t get me wrong. I certainly have nothing against elderly drivers and I think a person should be permitted to drive so long as they are mentally and physically capable of doing so. But I do worry that eliminating this test will have the effect of failing to catch those drivers whose failing eyesight is causing them to be a deadly danger to others.

I understand the test was eliminated to encourage more people to be able to renew their licenses online, and I am all in favor of the cost-savings and convenience of online licensing. But I wonder if it might have been a better compromise to eliminate the eye test for drivers under a certain age – say 65 – but keep the eye test requirement for drivers over that age. Just an idea ….

Click here for the WETM-TV report.

Here is the story from The Associated Press:

Albany, N.Y. (AP) – New York is dropping its requirement for vision tests to make it easier for drivers to renew licenses online or by mail.

Department of Motor Vehicles Commissioner Barbara Fiala said in a statement that the change is one of several stemming from Gov. Andrew Cuomo’s call for streamlining by state agencies.

Another change is a new Internet application, “MyDMV,” which allows customers to set up personal online accounts to do business with DMV.

Starting Sept. 28, drivers will “self-certify” that they meet the vision requirement when they renew. New licenses and commercial licenses will still require eye tests at a DMV office or by a doctor.

Fiala said vision testing wasn’t required in New York from 1993-2000, and six other states don’t require eye tests for renewals.

And reaction from across the state shows many people agree with me!

County clerks from across the state are critical of the DMV’s short-sighted decision and want the decision reversed!
From WHAM-TV in Rochester and Fox23 News in Albany: Residents see the dangers, too!
A state lawmaker in the Syracuse area strongly opposes the change.
And a downstate ophthalmologist calls it a “terrible idea.”

Residents of Elmira, Corning and Twin Tiers, let your state lawmakers know what you think about this today!

Thanks for reading.

Jim
__________________________________________

Lawsuit Pierces Medical Code of Silence, Says NY Medical Malpractice Lawyer

Posted on September 29, 2011 by Jim Reed

Speak No Evil says the Medical Community!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thanks for reading.

Jim
__________________________________________