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

 


Meeting Thursday Night Renews Focus On Contamination At Elmira High School

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The Elmira City School District built a new Southside High School in the late 1970s on property once used by Remington Rand, a business machine manufacturing company. By the 1970s, the property was polluted from decades of heavy industrial use, but that didn’t stop district officials from building there.

Today, remarkably, it’s the Elmira High School, with hundreds of students from all over the city, and the state continues to remove contaminated soil from the site, with more contaminated soil to go.

Why is the school district continuing to use the school when it knows it’s built on contaminated soil?

What’s alarming now is that more former students are coming forward to report they have battled cancer and autoimmune disorders.

Walter Hang.

Walter Hang.

Fortunately, a former Chemung County legislator who has long sounded the alarm bells about the hazardous waste site will hold a public information meeting about the school property and its dangers from 6 to 8 p.m. Thursday at the Elmira Holiday Inn-Riverview on East Water Street.

Former Legislator Andy Patros, whose son attended the school and survived cancer, has been asking questions about the site for several decades, and hopes to revive the dialogue with the community meeting.

“I’m not looking to portray the (Elmira city) school district as villain. They are abiding by what the state Health Department and state Department of Environmental Conservation require,” Patros told the Star-Gazette newspaper. “At the end of the day, the community may want to organize in a regular manner and push the question ‘Is enough being done?’ If everything is OK, why do they have to continue to clean up? It’s a legitimate question. Where are we going to be with that facility in another 15 or 20 years?”

Patros has invited Walter Hang of Ithaca to speak. Hang is an environmental activist and the owner of Toxics Targeting, a company that checks sites for their environmental history.

“It’s just shocking how much toxic pollution has been identified over many, many years. That site has never been completely investigated or remediated,” Hang told the Star-Gazette. “I hope in the wake of reporting. citizens will now have the opportunity to review government data about this site and to ask questions and be able to look at what is known and what’s not known, so this site can be cleaned up from top to bottom once and for all.”

According to the newspaper, contractors took away more than 6,500 tons of soil tainted by PCBs and other chemical hazards from under the school’s tennis courts and south parking lot last summer.

Contaminated soil under the east parking lot will be dug up and transported to a hazardous waste landfill this summer.

The final phase of the cleanup, under the school track and playing field, is not scheduled yet, state officials told the newspaper.

District and state health officials point to findings that apparently show the school is not an apparent public health hazard.

Health care studies involving former students and residents in the area haven’t shown any unusual patterns of cancers, but there was a puzzling spike of testicular cancer cases in 1997 to 2000. Andy Patros’ son, Tom, was one of those who was treated for testicular cancer and survived.

District Superintendent Hillary Austin told the newspaper there has been a great deal of oversight and cooperation among the former site owners and government agencies doing the cleanup.

“There is a lot of planning, monitoring, and coordination that goes along with remediation work and we take our lead from the experts,” she told the newspaper. “Our capital projects have been accommodated by all involved parties and remediation work has been done accordingly, including the most recent parking lot replacement in the front of the building and tennis court projects.”

If you have a child attending the school, or they studied there in the past, I’d recommend that you go and learn the latest information about the dangers at that site.

Unfortunately, it looks like this remediation program is not going to be completed anytime soon.

Let’s keep the pressure on the school district and those handling the cleanup, and keep pushing for answers.

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

 


Top NY Court Questions Privacy On Facebook Posts, So Think Before You Post

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If you think your private Facebook account and its personal photos will never be exposed publicly, think again.

The top court in New York State recently ruled that parts of Facebook users’ private profiles are fair game to opponents in a lawsuit and can’t be shielded by privacy settings.

 

According to news reports, the Court of Appeals case in question involved a woman’s serious fall from a horse in a Long Island park in 2011. Kelly Forman sued the horse’s owner, claiming a strap attaching the stirrup to the saddle broke, leading her to fall. She said she suffered traumatic brain damage that has caused memory loss and difficulty communicating, among other problems.

 

Attorneys for Mark Henkin, the horse’s owner, wanted access to Forman’s Facebook account, saying they needed that to evaluate her credibility and injuries. A trial court granted access to private sections of her Facebook account, but an Appellate Division decision said Forman only had to show photos and messages she planned to reveal at her trial.

 

The Court of Appeals decision basically said Forman can’t decide what Facebook information can be revealed in her trial.

 

The case returns to the trial court now, where the horse owner’s attorneys can pursue Forman’s Facebook information.

 

The Court of Appeals, in the 7-0 opinion, compared social media material like Facebook photos to information kept in a file cabinet and said it should be available in a lawsuit if relevant.

 

NY Court of Appeals Chief Judge Janet DiFiore.

NY Court of Appeals Chief Judge Janet DiFiore.

Chief Judge Janet DiFiore compared Facebook information and medical records in writing for the court. If a patient commences a lawsuit, the patient may have to release private files if they pertain to the lawsuit, she wrote.

 

For example, if a person brings a lawsuit, the other side – the insurance company and their lawyers – often ask the person suing to see their Facebook postings, including photos. In some cases, they want to see why you are not able to do something now that you were able to do before.

 

Previously, NY courts have been specific that a defendant and their insurance company and their lawyers didn’t have a right to look beyond a person’s public settings in Facebook. If you permit everyone to see everything on Facebook, then defense lawyers and their insurance companies can see everything, too. But if you lock down your settings to friends only, posts were off-limits to the other side.

 

With the new ruling, the courts are not going to automatically allow access beyond a privacy setting. Trial judges will decide on a case-by-case basis if it’s appropriate for a defendant and their insurance company to see what was posted privately.

 

There is a very good reason for that decision: what the court is saying is just because you label something as “private” doesn’t necessarily mean that information is not relevant for the other side to be able to see. People often have to disclose private information in a lawsuit because the courts consider it relevant.

 

Here is the bottom line to remember from this case: there is no such thing as 100 percent privacy once you post something online.

 

Think before you post.

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

Sonsire Helps Create New Statewide Legal Course For Lawyers After Being Named Dean Of Trial Lawyers’ Group

Christina Sonsire of Ziff Law Firm

Christina Sonsire, a medical malpractice lawyer and partner with the Ziff Law Firm, has helped prepare a new course on diversity and inclusion for the New York State Academy of Trial Lawyers, which she will begin teaching in March.

The Academy provides member lawyers across the state with Continuing Legal Education (CLE) classes for professional development.

portal_logo3In 2017, Christina was named just the sixth dean in the Academy’s history and was asked to participate in the preparation of the new CLE course for its members.

The new course is “Breaking Down Bias: Identifying and Eliminating Inequality In The Legal Profession.” A member of the Academy since 2008, Christina was inducted as a dean in May 2017 in New York City.

“The Academy was created to give upstate lawyers a bigger voice in New York’s legal community, and it is the premier legal association in the state,” she said. “There are other trial lawyer associations in New York state, but they tend to be focused more on downstate. The Academy has done a great job of connecting upstate and downstate lawyers so we can learn from each other, and make sure the issues specific to upstate residents are heard.”

Christina has made an impact on the Academy from the time she joined a decade ago, said Michelle Stern, executive director of the Academy.

Michelle Stern.

Michelle Stern.

“She has given numerous statewide lectures on a variety of topics, and has been a great asset on a select Academy committee that interviews nominees to New York’s Court of Appeals and offers feedback to Governor Cuomo,” Michelle said. “Having Christina serve as a CLE dean is a great way to allow her to take on an even bigger role within our organization, something that benefits all New York attorneys.”

The new two-hour course will discuss the impact of explicit and implicit bias inside and outside the courtroom. The course is part of a new category of CLE classes in 2018 for attorneys in New York State: Diversity, Inclusion, and Elimination of Bias, which was established by the New York State Unified Court System, which administers the courses. The other categories are Ethics and Professionalism, Skills, Law Practice Management, and Areas of Professional Practice.

Attorneys in New York State are required by the New York State Bar Association to attend 24 credit hours of CLE classes over the course of every two years. New York State lawyers admitted to the bar for two or more years will have to earn at least one Diversity, Inclusion, and Elimination of Bias credit every two years, starting July 1. The new course provides two credits.

Members of the Academy don’t have to pay any additional charges for CLE courses, which are offered by the Academy across the state at different times and locations. The closest course locations for Southern Tier lawyers are Rochester and Syracuse.

“The new CLE requirement is a great thing, but it came as a bit of a surprise,” Christina said. “At the Academy, we are trying to develop good programs right away to be sure New York lawyers are able to both obtain the requisite credits, and also learn something new in an interesting way.”

Christina will teach the new course with Syracuse University Law Professor Peter Blanck and Dr. Ynesse Abdul-Malak, a sociologist and post-doctoral fellow at Syracuse University, starting on March 27 in Buffalo and Rochester. They will also teach the course on March 28 in Albany and Syracuse, April 4 in New York City, and April 5 in Long Island.

Prior to the classes, lawyers are receiving surveys from the presenters, asking them about the implicit biases in their law practices, Christina said. The responses will be discussed during the two-hour classes.

“The surveys will help lawyers think deeply about these issues before coming to the program,” she said. “Professor Blank and Dr. Abdul-Malak are at the top of their fields, and anyone who attends will have a great opportunity to learn about matters that shape the rule of law in ways we often fail to consider.”

Christina will also teach another statewide course in 2018, but the specific topic has not been announced yet. In the past, Christina has taught other CLE classes on topics such as depositions, punitive damages, direct examinations, and a course specific to birth injury as a result of medical malpractice.

Christina is also a member of the Academy’s judicial selection committee, which interviews and recommends nominees for vacant state Court of Appeals openings. The Court of Appeals is the state’s highest court. The committee has made several recommendations in recent years because of retiring judges.

Being a member of the Academy has greatly expanded the network of lawyers that Christina knows, and meeting with attorneys from across the state while preparing for and teaching classes has made her a more resourceful lawyer, she said.

“It’s been a great 10 years of learning from many other lawyers with more experience,” she said. “I am glad I have taken the opportunity to learn from my upstate and downstate colleagues and build some great connections that have benefited my practice and the Ziff Law Firm.”

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

 


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

Guthrie Support Group Helps Families Struggling With Long-Term Impact Of Concussions

Steve Hicks, left, coordinator of the Twin Tiers Sports Post-Concussion Support Group, celebrates the fifth anniversary of the group in November 2015 with Dr. Donald Phykitt of Guthrie Sports Medicine.

Steve Hicks, left, coordinator of the Twin Tiers Sports Post-Concussion Support Group, celebrates the fifth anniversary of the group in November 2015 with Dr. Donald Phykitt of Guthrie Sports Medicine.

 

If you or someone you know in the Twin Tiers has had a concussion, there’s a terrific monthly support group that you should join based at Guthrie Clinic in Sayre, Pa.

The Twin Tiers Sports Post-Concussion Support Group was founded and is run by Steven Hicks, a licensed/certified athletic trainer with Guthrie who is contracted out full-time to Athens Area High School, with outreach to Tioga Central High School in New York State.

Steven started the group in November 2010 for high school athletes, their families and friends, but has since opened the group to everyone recovering from post-concussion syndrome.

As an injury attorney who has witnessed firsthand the devastation that head injuries can wreak on the lives of my clients, I have always wished that there was a local support group to help my clients and their families. Steven’s support group made that wish come true.

“Since concussions are not typically ‘visible’ injuries, and there is often a lack of knowledge on how to manage concussed patients, these athletes and their parents were left feeling alone and adrift, without resources,” Steven said. “I founded the support group after noting that many of these families seemed to be feeling what I called the ‘Deserted Island Effect,’ as if they were the only people to be dealing with such issues. The mission of the group is to help everyone get off their own deserted island.”

The group meets once a month during the school year, at 2 p.m. on one Sunday a month at Guthrie Clinic in Sayre. People can attend in person, or remote from anywhere in the world if they register to join the support group’s Facebook page at www.facebook.com/groups/TwinTiersSportsPostConcsussionSupportGroup.

If you are not on Facebook, you can email Steven at [email protected]

Once you are an approved member of the group, you can watch the meetings on Facebook Live on the page, and people can also get a link to a GoToMeeting page.

The next meeting is on Sunday, Dec. 17, at 2 p.m. in the fourth floor 4 Blue Conference Room in the clinic in Sayre. The guest speaker is Cheyanne Northrup, a graduate of Athens Area High School. She was involved in cheerleading, track and field, and diving in school. She suffered a concussion while diving her junior year. During one dive, she didn’t land properly and hit the back of her directly on the water. Now she has memory problems and will talk about her struggles from post-concussion syndrome.

Other upcoming meetings:

Sunday, Jan. 14, 2 p.m. in the 4 Blue Conference Room, Sayre Guthrie Clinic.

Guest speaker: Erin Stackhouse. A graduate of Athens Area High School, Erin sustained a concussion that changed her life while playing indoor soccer her senior year. She is a graduate of the University of Pittsburgh at Bradford and is a mental health technician at the Commonwealth Health First Hospital and is a crisis clinician at Commonwealth Health Wilkes-Barre General Hospital.

Sunday, Feb. 18, 2 p.m., 4 Blue Conference Room, Sayre Guthrie Clinic.

Guest speaker: Jenna Mosenson of concussionsmatter.org will talk about her life with concussions, her website, and her foundation.

Sunday, March 18, 2 p.m., 4 Blue Conference Room, Sayre Guthrie Clinic.

Guest speaker: Claire Lapat of Wynnewood, PA (near Philadelphia) is a senior at The Shipley School. She had the first of her more than 10 concussions in a gym class when she was 10 years old, and she continued to have more as she played soccer. She will talk about how her previous school didn’t support or help her with her concussion/brain injury, and how one of her coaches would have her team do three hours of heading practice and then would mock the girls if they were diagnosed with a concussion or talked about symptoms of concussions.

Sunday, April 22, 2 p.m., 4 Blue Conference Room, Sayre Guthrie Clinic.

Guest speaker: Rusty Wolf, who has had concussions from sports, domestic violence, farm work, violence at work, and a major motor-vehicle accident.

Sunday, May 20, 2 p.m., 4 Blue Conference Room, Sayre Guthrie Clinic.

Guest speaker: Fawn Weaver and her mother, Jeanette, first talked to the support group in May 2015 and Fawn wants to update the group. She graduated from high school and now attends college. She began suffering concussions in the eighth grade.

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

Does Your Car Insurance Carrier Penalize You When You Were Not At Fault?

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The Consumer Federation of America recently released new research that shows that safe drivers often see car insurance increases when they are involved in accidents  caused by other drivers.

car_insuranceAccording to the news release, in this new trend, some insurance carriers are penalizing their own customers when their customer did nothing wrong. It used to be that if you were involved in a collision that was not your fault, your own insurance company would not raise your rates. Makes perfect sense. Why should you be penalized when you did nothing wrong?

However, recently, a number of insurance companies decided to increase their profits by hitting their customers with significantly increased premiums when they had the misfortune to be involved in a crash that was not their fault. Two of the biggest New York carriers, Progressive and GEICO, were among the worst offenders of this new policy.

imagesInnocent drivers who don’t cause accidents should not be charged more because someone else hit them, J. Robert Hunter, CFA’s director of insurance and the former insurance commissioner of Texas, said in the news release. “Most people know that if they cause an accident or get a ticket they could face a premium increase, but they don’t expect to be punished if a reckless driver careens into them.”

CFA urged lawmakers around the country to prohibit penalties on innocent drivers. “Penalizing safe drivers hit by another car is not only very unfair; it also discourages them from filing legitimate claims,” Hunter said. “Lawmakers and regulators need to protect consumers from being punished when they’ve done nothing more than use the policy they have already paid for.”

CFA compared two good drivers – the only differences reflected in their socio-economic circumstances rather than their driving records – and found the following:

  • Higher-income drivers paid $78 more on average after a not-at-fault accident.
  • Moderate-income drivers paid $208 more on average after a not-at-fault accident.
  • Higher-income drivers faced a 6.6% penalty on average after a not-at-fault accident.
  • Moderate-income drivers faced a 9.6% penalty on average after a not-at-fault accident.
  • Excluding State Farm customers, who were never penalized, the average surcharges jumped to $99 (8.3%) for higher-income drivers and $264 (12.1%) for moderate-income drivers.

My suggestion: Contact your insurance agent and ask if your carrier has a policy of increasing premiums in not-at-fault crashes?

If so, I recommend you contact other insurance carriers as there are many carriers who do not increase premiums in this situation.

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

 


New Drone Pilots Need To Follow Regulations, Be Safe, Says NY and PA Injury Lawyer

drones-faa-hobbyist-regulations_h

As winter turns to spring in the Twin Tiers and people of all ages get ready to fly the new drone they got for Christmas, I would encourage all new owners of all ages to do some homework, if they haven’t already, before taking to the air.

113154-fullDrones are not toys. If a child will be flying the drone, prepare the child. Drones in the wrong hands can damage property, injure and kill people on the ground, and endanger passing commercial aircraft. It’s a HUGE responsibility, and in careless or uneducated hands, drones can be a dangerous weapon that could lead to criminal charges and lawsuits for the operator and their family. As an experienced personal injury lawyer, I know drones are going to be a big problem for those who don’t respect the power they possess in a drone.

I will say it again: It’s NOT a toy.

A few basics you need to know right now:

Go to the FAA website and look at the rules and regulations on drones. (Click on Part 107 for a summary of the rules and regulations.)

  • You need to register the drone – that is something a lot of people don’t know. The buyer should have been told that when they bought the drone but if not, Remember: Ignorance of the law is no defense.  You can register your drone here.  The good news?  It only costs $5.
  • You must have visual identification of your drone at all times. If you can’t see your drone, you are not operating it properly and you can be subject to penalties and fines.
  • You must not operate your drone over other people, under a covered structure or inside a covered stationary vehicle.
  • Daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting.
  • Your drone can’t exceed 100 mph or weigh more than 55 lbs.

Most of the new Twin Tiers drone operators will be recreational users. You have to register your drone with the FAA but you don’t need any special license operate it, like commercial users do. A handy site for recreational users is here.

Here are the website’s safety guidelines for small unmanned aircraft systems (sUAS):

  • Follow community-based safety guidelines, as developed by organizations such as the Academy of Model Aeronautics (AMA).
  • Fly no higher than 400 feet and remain below any surrounding obstacles when possible.
  • Keep your sUAS in eyesight at all times, and use an observer to assist if needed.
  • Remain well clear of and do not interfere with manned aircraft operations, and you must see and avoid other aircraft and obstacles at all times.
  • Do not intentionally fly over unprotected persons or moving vehicles, and remain at least 25 feet away from individuals and vulnerable property.
  • Contact the airport and control tower before flying within five miles of an airport or heliport.
  • Do not fly in adverse weather conditions such as in high winds or reduced visibility.
  • Do not fly under the influence of alcohol or drugs.
  • Ensure the operating environment is safe and that the operator is competent and proficient in the operation of the sUAS.
  • Do not fly near or over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, heavily traveled roadways, government facilities, etc.
  • Check and follow all local laws and ordinances before flying over private property.
  • Do not conduct surveillance or photograph persons in areas where there is an expectation of privacy without the individual’s permission (see AMA’s privacy policy).

Do your homework, and be prepared before you take your first flight.

It’s a big responsibility. It’s not a toy.

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