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


Legal News You Can Use: Check Out Ziff Law’s New Summer 2018 Newsletter

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Adam Gee, Christina Sonsire, Jim Reed, and Mike Brown.

 

The Ziff Law Firm debuts its new – and redesigned – free newsletter this week as the Summer 2018 issue arrives in mailboxes and inboxes around the Twin Tiers. It is filled with legal news that you can use – and much more.

Our cover story explains how our popular Veteran of the Game program came home to Elmira this summer.

Then we get to the legal news:

Our lawyers write about some of the key issues they encounter in their practices as they tackle these questions:

  • Do bicyclists in New York State have to operate by the same laws as vehicles? Ziff Law managing partner and noted bicycle law expert Jim Reed educates readers.
  • Is motorcycle insurance the same as car insurance? Partner Adam Gee, a longtime motorcyclist and motorcycle law expert, has some surprising answers.
  • Why does Ziff Law partner Christina Sonsire teach for a statewide legal education organization?
  • How does Ziff Law attorney Mike Brown’s family play a role in his legal practice?

And just for fun, we profile a downtown Elmira shop, a hidden gem that is in the “upcycling” business, in our Business Spotlight.

The owner of Nutmeg Upcycling, longtime downtown business owner Rich LaVere, talked to us about his growing business and why he keeps returning downtown.

We published a short interview in the print newsletter and there is a bonus longer interview with Rich here, where he talks about the challenges facing downtown and how the city can start turning things around. He’s an optimist!

At Ziff Law, we are committed to being environmentally responsible, so if you’d like to receive our free newsletter by email, send an email to us today at [email protected] and we will send you a PDF right away – and as a bonus, add your name for an upcoming drawing for a $50 gift card to Lib’s Supper Club in Elmira.

If you’d like to receive the newsletter by mail, call (607-733-8866) or email ([email protected]) us with your name and address and we’ll send it right out.

Happy 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

How To Stay Safe When Boating This Summer, Says NY and PA Personal Injury Lawyer

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As our summer heats up, more people are heading for their nearest river or lake for some water recreation to keep cool and spend time with family and friends. There will be food and drink, including some alcohol … and we hope some life jackets.

From paddleboards to motor boats, getting out on your favorite body of water for some fun is a great way to beat the summer heat, but only if you are prepared and sober and drug-free.

The New York State Office of Parks, Recreation and Historic Preservation reports there were 15 fatal boating-related accidents in Upstate New York in 2017. The 15 deaths in 2017 included two in  Twin Tiers lakes, according to news reports:

  • A kayaker was killed April 17 when the kayak he was operating capsized on Almond Lake in Steuben County. He was not wearing a life jacket.
  • A motorboat passenger was killed Aug. 10 when he was ejected from his seat and run over by a boat on Waneta Lake in Schuyler County. He had marijuana in his system and was not wearing a life jacket.

The other deaths involved capsized canoes, a pedal boat accident, a paddleboard fall, swimming off a motor boat, a capsized rowboat, and a cabin swamped by a wave and sunk in rough waters.

In many cases, there were not life jackets or any personal flotation devices. Alcohol and drug use were reported in some cases.

According to national recreational boating statistics from the U.S. Coast Guard, in 2017, there were about 4,291 accidents that involved 658 deaths, 2,629 injuries and about $46 million in property damage as a result of crashes.

The fatality rate of 5.5 deaths per 100,000 registered recreational vessels was a 6.8 percent decrease from the 2016 fatality rate of 5.9 deaths per 100,000.

The number of accidents decreased 3.9 percent from 2016 to 2017. In addition, the number of deaths decreased 6.1 percent and the number of injuries fell 9.4 percent.

Let’s keep decreasing those numbers. Remember your life jackets and don’t use drugs or alcohol before or during boating.

Remember: If you are the operator of a boat you should ensure that your passengers are wearing life jackets (when required or appropriate for the conditions) and are not dangerously intoxicated or impaired.  If you feel that it’s unsafe for your passengers to be out on the water, you should do the right thing and get to shore.  Never forget:  YOU are the captain of the ship.

Here is why: 76 percent of fatal boating accident victims drowned, and of those drowning victims with reported life jacket use, 84.5 percent were not wearing a life jacket.

Finally, alcohol use is the leading known contributing factor in fatal boating accidents, according to the report.

Boating safety courses are not required under state law for anyone born before 1996, but with summer upon us, I would encourage everyone to take boating education seriously and consider taking the course.

Important information from the New York State Boaters Guide:

Motor Boat Education Requirements:

  • Operators born on or after May 1, 1996, must have a boating safety certificate and be at least 10 years of age.
  • Operators who are younger than 18 years of age must be accompanied by a person who is at least 18 years of age or older and is the holder of a boating safety certificate or not required by law to hold a certificate.
  • The operator is the owner of a recently purchased motor boat, if required by law to hold a boating safety certificate may operate the vessel without the required certificate for up to 120 days from date of purchase.
  • Persons 18 years of age or older may rent a motor boat without a boating safety certificate provided that the operator of the livery holds a certificate, demonstrates the use of the vessel and safety equipment, and the person renting demonstrates their understanding of the vessels operation and safety equipment. Those under the age of 18 must have a boating safety certificate in order to rent a vessel.

Motor Boat Operators Exempted From Having To Hold A Boating Safety Certificate:

  • Persons born before May 1, 1996.
  • Certified New York Safe boating instructors.
  • Members of the USCG Auxiliary or US Power Squadron.
  • Persons licensed by NYS Parks, the United States Coast Guard or Canadian Coast Guard to operate commercial vessels.
  • Police officers, peace officers, fire and rescue personnel, and life guards when acting pursuant to assigned duties
  • A resident of another state or country who is the holder of a valid boating safety certificate issued according to the laws of their home state or country

Before you hit the water, remember to keep safety in mind!

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

Guest Blog Post: Preventing Dog Bites by Recognizing Their Warning Signs

Richard Cross is the guest blogger and the founder of TheDogClinic.com.

Richard Cross, the guest blogger, is the founder of TheDogClinic.com.

Richard Cross, our guest blogger, is the founder of TheDogClinic.com, which was founded in 2008 to help dog owners learn more about dog behavior, training, health, and more.

His advice here about recognizing dogs’ body language and their warning signs will help Twin Tiers residents recognize the different signs of behavior so they can remain safe.

I have represented many dog-bite and dog-attack victims and I can tell you that dog attack cases are difficult for everyone involved– the victim of the attack, the family of the victim and the dog owner.  

It is always the dog owner’s responsibility and legal obligation to prevent a dog attack but the advice below is good advice for everyone to keep in mind when in the presence of dogs.

Richard’s blog post:

Dog bites are more common in the United States than many people realize.

A CDC study found that from 2001 to 2003, there were an estimated 4.5 million bite victims each year. While many of these were minor bites, almost 20 percent of the victims required some medical attention.

For this reason, it’s important for both owners and members of the public to understand basic dog body language. This can reduce the chance of bites, which often have tragic consequences for both the animal and victim.

Common Canine Warning Signs

Most people know when a dog is showing signs of aggression. Raised hackles, bared teeth, and growling are easy to recognize as signals a dog doesn’t want to be approached. Common signs of submission, such as rolling over or crawling, are also easy to spot.

These are the most extreme examples of body language, though. Dogs have a variety of other ways to communicate discomfort or anxiety, such as:

  • Giving “Whale Eye” by holding eye contact, turning the face away, and exposing the eye whites.
  • Licking their lips when there is no food around.
  • Turning away from the person or trying to walk away.
  • Yawning while turning away.
  • Shaking off without being wet.

Dogs showing these signals aren’t likely to attack unless provoked, but may bite if they feel trapped. Unfortunately, many people miss the signals and continue to approach.

It’s also vital to understand that a wagging tail doesn’t always mean a happy dog. Dogs can wag their tails when defensive, submissive or aggressive.

How to Approach a Dog

The most important rule is to never approach a strange dog without permission from the owner. Dogs of any size and breed can bite, so you can’t judge temperament based on appearance alone.

The owner will know how their dog usually reacts to strangers and whether it’s safe to interact.

Once given permission, many people get into the dog’s “space” and immediately start stroking the dog on the head. This is the wrong way to greet a dog and a common cause of bites.

When you first approach a dog, hold out your fist and allow the dog to sniff it. This protects the fingers from a bite, while giving the dog a chance to signal whether he’s happy to interact.

A dog that’s happy to be stroked will continue looking at the fist or give it a lick. At this stage, it’s probably safe to stroke the dog on the neck or shoulders, but avoid reaching over the head. If the dog looks away from the fist or tries to walk away, this means he doesn’t want to interact and you should leave the dog alone.

Also: Never try to stroke a dog that’s alone in a public place, such as tied up outside a store or in a park. Just because the owner has left the dog in an accessible place doesn’t mean it is safe to approach.

More information about preventing dog bites is available here.

 

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

 

 


How To Avoid No-Fault Nightmares: Review Your Car Insurance Today

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Karen Wheadon, a paralegal who works with Ziff Law Managing Partner Jim Reed, has written the following blog post about no-fault insurance coverage.

Many of our clients are victims of car crashes, and therefore, subject to the rules and regulations of no-fault insurance. Unfortunately, many of our clients struggle financially because they have inadequate no-fault coverage.

Karen Wheadon.

Karen Wheadon.

Briefly, state-required minimum no-fault insurance consists of $50,000 in coverage for the following:

  1. All necessary doctor and hospital bills and other health service expenses, payable in accordance with fee schedules established or adopted by the New York State Insurance Department.
  2. Eighty percent of lost earnings up to a maximum monthly payment of $2,000 for up to three years following the date of the crash.
  3. Up to $25 a day for a period of one year from the date of the accident for other reasonable and necessary expenses the injured person may have incurred because of an injury resulting from the accident, such as the cost of hiring a housekeeper or necessary transportation expenses to and from a health-service provider.
  4. A$2,000 death benefit, payable to the estate of a covered person, in addition to the $50,000 coverage for economic loss described above.

When shopping for car insurance, many people don’t think to invest in anything other than that basic coverage. However, additional coverage can be purchased … and can make a huge difference to someone’s life and financial stability. When we consider the growing costs of health care, $50,000 does not last long.

Here are some examples of crash victims and their no-fault insurance coverage,

Mike

Mike, like many of our clients, receives Medicare benefits. He had a serious car crash and exhausted his basic no-fault coverage. His medical bills were then submitted to Medicare for coverage and he was personally responsible for co-pays. On top of that, under federal law, Medicare (and Medicaid) are allowed to assert a lien against any third-party recovery.

What that means for Mike is that the personal injury claim/lawsuit we filed against the person responsible for causing the crash and Mike’s injuries now has a lien against it. At the time of the settlement, Mike has to pay Medicare back from his settlement. Had Mike had additional no-fault coverage, he could have avoided his bills going to Medicare and kept more of his settlement for himself.

Michelle

Michelle, injured in a car crash in 2016, had basic no-fault coverage that was paying her medical bills and was also reimbursing her for lost wages because she is unable to work. Like so many of our clients, Michelle relied on her monthly wage loss checks to pay for her basic necessities (mortgage, groceries, etc.).

Michele’s no-fault benefits were exhausted in May, leaving her with NO income at all. She has an application pending with Social Security Disability, but applicants often wait a year to hear if they are accepted or denied. If denied, the appeal process is even longer.

On top of that, Michelle’s private health insurance is through the Affordable Care Act. She has catastrophic coverage only with a $6,000 deductible. The neck surgery that was being scheduled is now on hold because she cannot afford to pay a $6,000 deductible without any income.

Obviously, Michelle would have benefited greatly from additional no-fault coverage. Her story is a great argument for universal health care because her health insurance plan is abysmal. She is a hard-working, taxpaying citizen who found herself with a disability and unable to work after a car crash. She should not have to put off medical treatment because she can’t afford her co-pay.

Opponents of universal health care argue that they don’t want the government making their medical decisions, but insurance companies already do that all the time. They arbitrarily decide a patient only needs 10 physical therapy sessions, or that they can’t have a drug prescribed by their doctor because it is too costly, or that surgery is not necessary because they have not exhausted conservative treatment options. Insurance companies base these decisions on money – their money that they would rather not pay out!

Justin

My stepson, Justin, was involved in a near-fatal car crash in 2015. He was taken from the scene of the crash by ambulance to Arnot Ogden Medical Center in Elmira, and then quickly transferred to Robert Packer Hospital in Sayre, Pa. From there, he was life-flighted to Geisinger Medical Center in Danville, Pa., where he was admitted for more than a month and underwent numerous surgeries to repair his fractured neck and re-attach a shoulder and arm.

There are a lot of miracles associated with Justin’s crash – too many to recount here. The fact that he is alive and well and now a father of two beautiful little children is sometimes more than I can believe. We are very, very blessed. But as you can imagine, the medical bills were astounding. The life-flight bill alone was $54,999, which was paid in full by his primary no-fault coverage.

Luckily, in addition to the basic no-fault coverage of $50,000, Justin had $10,000 of med-pay, $25,000 of OBEL (Optional Basic Economic Loss), and $150,000 of APIP (Additional Personal Injury Protection). He had such incredible coverage because he was the passenger of a vehicle that had more than basic coverage and he was also covered under his own policy which had even better coverage. This is far from the norm.

But even all of that coverage was very quickly exhausted, leaving a balance due to Geisinger Medical Center in excess of $1 million. This was turned over to his health insurance.

Justin was 23 years old at the time of his crash, but thankfully he was still covered by his father’s health insurance plan as a result of the Affordable Care Act, which extended medical coverage for children up to age 26. Donations from friends and family through a gofundme campaign covered the deductible, so Justin did not have to file bankruptcy because of insurmountable medical debt, as so many Americans do.

Justin’s example shows that even incredible no-fault coverage cannot adequately cover you from a catastrophic injury. But catastrophic injuries are, thankfully, rare.

The vast majority of our clients are like Michelle and Mike. They have broken bones that may or may not need surgery. Most of our clients seek medical treatment locally and don’t have multiple ambulance and life-flight bills. However, even routine injuries that require fairly routine medical treatment will quickly exhaust a basic no-fault policy.

So make the wise choice and protect yourself by asking your insurance agent about increasing your no-fault coverage. Had Michele or Mike had Justin’s maximum no-fault coverage, they would not be facing hard financial and medical decisions. We hope you won’t have to, either.

Therefore, we recommend adding Additional Personal Injury Protection (APIP) of at least $75,000 and Supplementary Underinsured (SUM) Coverage of at least $250,000. The good news is that adding this additional protection does not cost much more but will give you much better protection.

If you have questions, or would like us to review your insurance policy for free, please email me at [email protected] or Jim Reed at [email protected].

Thank you for reading,

Karen Wheadon
Paralegal
Ziff Law Firm
[email protected]


Steuben County Magistrates’ Association Honors Retired Special Counsel

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From left, Hon. Betsey Farley, Steuben County Magistrates’ Association secretary; Hon. Annette Viselli Thorne, Steuben County Magistrates’ Association vice-president; Hon. Christie Brothers, Steuben County Magistrates’ Association treasurer; Maryclaire Donovan Frank; Hon. David Domm, Steuben County Magistrates’ Association president; Hon. David Gideon, New York State Magistrates’ Association president.

The Steuben County Magistrates’ Association honored recently retired 7th Judicial District Special Counsel Maryclaire Donovan Frank during its monthly meeting on May 11 at the Bath American Legion.

Maryclaire was instrumental in molding many judges throughout Steuben County, providing town and village justices with personal care, support, education, and instruction that went above and beyond the call of duty.

Maryclaire was town justice in the Town of Erwin for 17 years and was in private practice until 11 years ago, when she retired and was appointed by the New York State Office of Court Administration to the position of special counsel.

Maryclaire supervised town and village justices in the following counties in the 7th Judicial District: Steuben, Yates, Wayne, Cayuga, Livingston, Monroe, Ontario, and Seneca.

Maryclaire is the daughter of retired State Supreme Court justice W. Denis Donovan.

The Ziff Law Firm salutes Maryclaire and wishes her well in her retirement!

Thanks for reading,

Jim Reed

Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Email: [email protected]
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
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

 


Buckle Up! Cuomo Wisely Proposes Seat Belts For All Passengers In NY

car-seats4

Everyone should buckle up.  Even back-seat passengers!

That’s what New York Gov. Andrew Cuomo has proposed in his 2018-19 state budget plan. He wants everyone riding in a vehicle in NY to wear seat belts, and I applaud his proposal because I have seen what can happen when a back-seat passenger isn’t safely restrained by a seat belt.

A few years ago, I handled the very tragic case of a 15-year old-girl who was riding as an unbelted back-seat passenger when she was killed in an accident.

Compounding the tragedy is the fact that I am certain that she would have survived had she been wearing a seat belt.

185213258-cropped_400wMy advice to everyone: If you are riding in ANY vehicle (car, boat, plane, ATV) in ANY seat (front, rear, middle) where there is a seat belt available, USE IT! Most fatalities are caused by an unrestrained person either violently impacting with the interior of the vehicle or being thrown from the vehicle and crushed.

The state currently only requires the drivers and front-seat passengers to wear seat belts, and anyone under 16 years old is also required to buckle up.

CuomoThe budget also proposed outlawing hands-free phone use by junior permit and junior license holders and requiring children younger than 8 years old to be properly secured in necessary car seats when riding in a school car or van.

We were the first state, in 1985, to make seat belt use mandatory for drivers and front-seat passengers. The state says about 21 percent of highway deaths in New York State happen to people who were not wearing their seat belts, and not wearing a seat belt was found to be a greater factor in vehicle-accident deaths than alcohol or excessive speed, according to the state.

Under current law, drivers in NY can be ticketed and fined $50 for not wearing their seat belts and fined $100 if someone younger than 16 is not buckled in safely.

But this issue isn’t about fines or tickets. This is about keeping everyone safe in your vehicle, not just people in the front seat and children in the back.

Soon, everyone will have to wear seat belts when they are in a moving vehicle. Get a jump on the law and make sure everyone in any vehicle you are in is wearing their seat belts.

They save lives. It’s that simple.

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

 


NY Lawmakers Steer Motorists To Better Insurance Protection, Says NY and PA Personal Injury Lawyer

car-insurance

Most New York State motorists will now be better protected by their car insurance policies — and they didn’t even have to call their agents, thanks to the lobbying efforts of lawyers across the state, who finally persuaded Albany that it needed to reform the way insurance companies operate in the state. The New York State Trial Lawyers Association was among the leaders fighting for motorists.

Gov. Andrew Cuomo.

Gov. Andrew Cuomo.

New York Gov. Andrew Cuomo signed the Driver and Family Protection Act on Dec. 18, which improves Supplementary Uninsured/Underinsured Motorist (SUM) coverage for all motorists. The Senate and Assembly bills are here: S5644B and A8519A.

State lawmakers voted overwhelmingly in June to send the legislation to Cuomo’s desk. The Senate voted 62-1 and the Assembly 104-6.

This is why it is important to anyone who travels in a vehicle, not just drivers: the new law helps to protect New Yorkers who are involved in car accidents with drivers who are uninsured or underinsured.

Under the old law, an insured had to specifically request that their SUM policy limits be increased to match their liability limits.

Under the new law, an insured’s policy will automatically match the liability and SUM limits unless the insured specifically waives the increased SUM coverage by signing an opt-out form. (Why would anyone sign the form?)

I have always said SUM coverage is very important because it protects the insured and their family in the event they are involved in a crash with an uninsured/underinsured vehicle.

The automatically matching limits are great news for auto insurance consumers because the SUM coverage is the most critical component of your car insurance policy.

Here’s why: If you have an accident caused by another driver who has no or inadequate insurance, you could end up paying for your own recovery, and your medical bills could be staggering.

If you’re like most drivers, you accept the minimum levels of coverage to keep your costs down. But those low levels can get you in trouble if you have an accident, regardless of whether it was your fault.

Here’s an example: I once met with a local businessman who had $500,000 of liability coverage to protect others should he have an accident, but only the legal state minimum of $25,000 in SUM coverage to protect himself and his family in that very same accident.

Needless to say, he was shocked to learn that his insurance coverage was so deficient but happy to learn that he could add additional SUM coverage he needed for less than $10 a month.

I have met too many people who don’t learn about the need for sufficient SUM coverage until it is too late. Don’t be one of those families.

Insurance companies like to keep their customers in the dark. They do a terrible job of educating consumers and are far more interested in profits than helping their customers.

Make reviewing your car insurance policy one of your resolutions in the new year. Do it now, in fact. Make sure your insurance company follows the new law and sets your liability and SUM limits at the same amount.

If you have a question about your car insurance policy, email me at [email protected].

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