Deer Season Makes Twin Tiers Roads More Dangerous This Fall, Says NY and PA Personal Injury Lawyer

14251290_m-846x564

It’s deer season for hunters – and drivers – this fall.

Hunting seasons are underway in New York and Pennsylvania, so that means deer collisions on Twin Tiers roads are going to skyrocket. It’s also mating season for deer, so they are more restless and your chances of hitting a deer are much higher this time of year. Remember that dusk and dawn are the most dangerous deer-related collision times for motorists.

So be prepared.

Traffic-Signs-RM213-lgYour first step, in addition to being more watchful on area roads, is checking your car insurance policy to make sure you are covered sufficiently in case of an accident. Deer collisions are covered under the comprehensive section of your policy, which protects you against acts of God or nature.

Although we call it a deer collision – it is not covered under your insurance policy’s collision coverage, which protects you if you strike a fixed object or another vehicle. For example, your collision coverage would likely cover you if you swerve to miss a deer and strike a guardrail or a tree.

Keep in mind that you will have to pay a deductible on your comprehensive and collision coverage. You may also want to consider rental coverage so you do not have to pay out pocket for a rental car or be left without a vehicle in the event yours is inoperable after a deer collision.

If you are injured in the collision, your medical bills and lost wages will be covered under no-fault insurance.

It’s also important to check your liability coverage. Many drivers and passengers are injured in deer-related crashes because drivers swerve to miss the deer and strike other vehicles or fixed objects, such as a tree or guardrail. In these instances, an injured passenger or other motorist may bring a claim against you for their pain and suffering.

Therefore, it is very important to heed the advice below to keep you and your loved ones safe and free from liability.

If you strike a deer …

Mike Brown.

Michael Brown.

Move your vehicle to a safe place. If possible, pull over to the side of the road, and turn on your hazard lights. If you must leave your vehicle, stay off the road and out of the way of any oncoming vehicles.

Call the police if there are injuries to you or passengers, or the deer is blocking traffic and creating a threat for other drivers. If the collision results in injury or property damage, you may need to fill out an official report. This report also can prove useful when filing your insurance claim.

Document, document, document. Write detailed notes about what happened and be as specific as possible. Shoot photographs of the roadway, your surroundings, damage to your vehicle, and any injuries you or your passengers sustained if it is safe. If witnesses stop, take down their account of what occurred and get their contact information.

Stay away from the animal. A frightened, wounded deer could use its powerful legs and sharp hooves to harm you.

Contact your insurance agent. The sooner you report damage or injuries, the sooner your agent can file and process your claim.

Don’t assume your vehicle is safe to drive. Double-check that your car can be driven after colliding with a deer. Look for leaking fluid, loose parts, tire damage, broken lights, a hood that won’t latch and other safety hazards. If your vehicle seems unsafe in any way, call for a tow truck.

Consumer Reports offers the following tips to help you avoid striking deer this fall:

Slow down. Watch for deer especially around dawn and between the hours of 6 and 9 p.m., when they’re most active.

Be aware. Look out for deer-crossing signs and wooded areas where animals are likely to travel. If you travel the same route to and from work every day, you may find deer consistently grazing in the same fields. Make a mental note of when and where you regularly see the animals.

Be alert. If you see an animal on the side of the road, slow down. At night when traffic permits, put on your high beams for improved visibility.

Brake, don’t swerve. Swerving to avoid an animal can put you at risk for hitting another vehicle or losing control of your car. It can also confuse the animal as to which way to go. Instead, just slow down as quickly and safely as you can. Your odds for surviving an accident are better when hitting an animal than hitting another car.

Assume they have friends. The “where there’s one, there’s usually more” often holds true. Deer travel in groups, so if you see one run across the road, expect others to follow.

Don’t rely on deer whistles. Some drivers put these devices on their front bumpers to scare off animals, but animal behavior is unpredictable, even if you use one of these.

Buckle up. A seat belt is your best defense for minimizing your risk in a crash. An Insurance Institute for Highway Safety study found that 60 percent of the people killed in animal-vehicle collisions weren’t wearing their seat belts.

Thanks for reading,

Michael Brown, Esq.
NY Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
[email protected]
Office: (607) 733-8866
Web: www.zifflaw.com


After Deadly Limo Crash, It’s Time To Review YOUR Vehicle Insurance, Says NY and PA Personal Injury Lawyer

Capture2The crash of the stretch limousine last weekend in Schoharie, N.Y., that killed 20 people has left a lot of people in the Twin Tiers shaken. At some point in our lives, many of us have hopped aboard a limo for happy events like a wine tour or a wedding or a birthday party. Most of us were having so much fun with family and friends and co-workers that the thought of a crash never occurred to us. Or we have been passengers with another driver with insufficient insurance to protect their passengers in case of a crash.

But during this week of grim news, as the operator of the Schoharie limo company was charged with criminally negligent homicide, I want to provide something positive that Twin Tiers motorists can do to protect themselves. You’ll need your current car insurance policy.

Here’s why: Some people probably think that getting in a limo, there must be at least $1 million in coverage.  Unfortunately, that simply is not true in most cases.  In New York State, owners of stretch limos are not required to have much insurance. A limo that can hold up to 20 people is only required to have a total of $150,000 of coverage to cover everyone in that limo in the event of a fatal crash.

So in the Schoharie crash, the families of the 20 people killed the crash, in some cases with small children, may only be able to recover $7,500 per person from the insurance company assuming the limo company had the state-required minimum coverage.

What the state requires is ridiculously low but the one thing Twin Tiers residents can do to protect themselves and their families is make sure they are protected on THEIR car insurance.

On your insurance policy, there is a section called Supplemental Uninsured and Underinsured Motorist (SUM) coverage.

You should make sure you have at least $250,000 of SUM coverage in your vehicle insurance policy that would come from your own insurance company to protect your family in the event of your injury or death in your vehicle or someone else’s vehicle (for instance, if you were in a limo).

So please check your policy and make sure you have $250,000 in SUM coverage. In the Schoharie crash, SUM coverage would at least offer some additional money to compensate the grieving families and help provide for the children who lost a parent or parents.

Be sure to watch this week’s Law Talk, where I urged WETM viewers to check their insurance policies.

Here is the state law on insurance and more information I have written on SUM coverage here and here.

Thanks for reading,

Jim

Jim 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

Nominate A Veteran Today! Veteran Of The Game Program Ready For New Seasons In Elmira and Binghamton!

Ziff Law's Annette Viselli Thorne, left, joins Army Spc. Albert "Joey" Daghita and his wife Brittany after the Veterans of the Game surprise Saturday at First Arena.

Ziff Law’s Annette Viselli Thorne, left, joins Army Spc. Albert “Joey” Daghita and his wife Brittany after a Veteran of the Game surprise homecoming in March 2014 at First Arena in Elmira. Hockey returns to Elmira and the Arena this fall with a new team.

The Ziff Law Firm’s annual Veteran of the Game program is back this fall for hockey fans at two Twin Tiers arenas in Elmira and Binghamton. We are excited to be back home in Elmira while also saluting new veterans in Binghamton!

elmira-enforcers-logoIt’s a great opportunity to thank Twin Tiers military veterans and active-duty military personnel home on leave for their service to our country. Veterans and military personnel generally prefer to avoid the spotlight, but at the Ziff Law Firm, we believe our Veteran of the Game program is an important reminder to all Twin Tiers residents about the sacrifices made by veterans and active-duty military personnel and their families, as well as the challenges they have to overcome Binghamton-Devils-New-Logo-590x460after leaving military service.

That’s why the Ziff Law Firm is proud this fall and winter to offer its popular Veteran of the Game program during professional hockey games in Elmira and Binghamton.

Twin Tiers residents can nominate veterans and active-duty personnel home on leave to be honored during home games at these great hockey arenas:

  • First Arena in Elmira, the new home of the Elmira Enforcers in the Federal Hockey League, and the former home of the Elmira Jackals, who disbanded at the end of the 2016-17 season.
  • Broome County Floyd L. Maines Veterans Memorial Arena in Binghamton, the home of the Binghamton Devils in the American Hockey League.

The Devils drop the puck first, starting their season on Oct. 6 against the Toronto Marlies in Binghamton. Game time is 7:05 p.m. Learn more here.

The Enforcers, a new team announced in July, open their season Oct. 26 against the Danville Dashers at the David S. Palmer Arena in Danville, Ill. Learn more about the new team here.

The Enforcers’ first home game is Nov. 16 against the Carolina Thunderbirds. Game time is 7:05 p.m. at First Arena.

“We are very excited about the return of hockey to Elmira because it allows us to bring our Veteran of the Game program home while also honoring Binghamton-area veterans,” said Jim Reed, Ziff Law Firm managing partner. “We hope the families and friends of veterans and active-duty personnel home on leave will contact us with nominations because the program honors our unsung heroes and helps to keep veterans issues in the spotlight.”

Here is how the program works:

Once a veteran or active-duty member is nominated (see how to nominate below), the program coordinator schedules their game and provides them with four free game tickets in a special seating area so they can sit together with family and friends at the game.

During the game, the public-address announcer will introduce the honored veteran or active-duty service member and read a short biography of their military service. Once the biography is read, the announcer will encourage a round of applause for the honored military member, who can stand or remain seated as hockey fans let out a big cheer.

“I am honored to once again have the opportunity to honor our veterans and military personnel,” said program coordinator Annette Viselli Thorne of the Ziff Law Firm. “I look forward to seeing some of our past-recognized veterans as well as meeting new veterans. The military people who are honored and their families and friends say it is an evening they will remember forever, and we hope to create many more memories this season inElmira and Binghamton.”

To nominate a veteran:

Military veterans and active-duty personnel who are home on leave can be nominated for the Veteran of the Game program by using one of the following ways to contact the Ziff Law Firm:

  • Email: Annette Viselli Thorne, program coordinator, [email protected].
  • Call: 1-800-943-3529 or 607-733-8866 during business hours weekdays.
  • Mail:
    Ziff Law Firm
    Veteran of the Game program
    303 William St.
    P.O. Box 1338
    Elmira, NY 14902-1338

Thanks for reading, and please nominate a veteran or active-duty military member today!

Jim 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

Beware of Insurance Adjusters! How to Navigate Your Insurance After a Car Crash

How-an-Insurance-Adjuster-Works-to-Limit-Your-Settlement

If you’ve ever been in a car crash, you’ve probably talked on the phone or in person shortly after the collision with an adjuster from your insurance company or the other vehicle’s insurance company. It’s a confusing time, often with police and ambulances and many other concerns in addition to your car insurance.

But if you have been in a crash, you’ll have to deal with insurance adjusters. They usually appear to be nice people, soothing and sympathetic. They are trying to make you think they are Here To Help You. They reassure you that they are recording your statement about the crash to get your version of events right away, and they’ll process your claim faster this way.

But before you get swept up in the frantic moments after a crash, remember this about insurance adjusters: They’re not your friends. They are doing their job, and that’s to save the insurance company as much money as possible on your crash.

public-insurance-adjusters-near-you_orig

Here are some great points to remember about insurance adjusters and recorded victim statements:

  • Most crash victims just want to do the right thing and honestly record what happened in their crash when meeting with an insurance adjuster. But when the recorder is running, many crash victims misstate the facts, ramble, and make incorrect assumptions that will hurt them in the long run.
  • They are recording your statement in hopes that once you get talking, you’ll make a mistake they can use later against you in a trial, deny your claim or pay you less money.
  • Most people are not prepared to be questioned by a trained investigator, so it’s best to decline the adjuster’s request for a recorded interview or statement. Once that red light is on on the recorder, you will forget things, or remember something incorrectly, or misspeak in some other way. It happens to everyone in a high-pressure situation. Of course, the adjuster will make it sound like a rejection makes you act like you have something to hide. Don’t fall for that line. Just politely decline and end the discussion. Get a lawyer and be prepared professionally for your statement.
  • If you want to talk to the adjuster, ask to schedule a follow-up call for the statement and take time to read the police report, revisit the crash scene, review the damage to your car, and read any medical records you can obtain. Call witnesses and review the evidence carefully. Finally, be sure to review your insurance policy.

Set some rules for yourself for the meeting with the adjuster:

  • Request that the adjuster take notes and not record your meeting, unless your insurance carrier required it in your contract.
  • Be honest but brief.
  • Focus on each question, briefly answer it, and don’t ramble.
  • Do not volunteer information.
  • Only explain when asked to do so, and do it briefly.
  • If you don’t understand a question, don’t answer it.
  • When it comes to distances and amounts and speeds and items like that, don’t guess or make assumptions.
  • You can’t remember everything. If you’re not sure about something, say you are unsure.
  • Don’t be bullied into answering questions.
  • No absolute words like “never” and “always”.
  • Speak slowly and clearly.
  • Never guess. If your answer is a guess, say you can’t answer the question.
  • Ask for a transcribed copy of your recorded statement and review it for accuracy.
  • Memories of collisions get jumbled. Don’t easily admit wrongdoing if you do not believe you were at fault.
  • Bring a witness when you speak to the adjuster.
  • Take notes of questions asked of you by the adjuster.
  • Do not sign anything unless an attorney on your behalf has reviewed it.

If you’re a crash victim and you’re concerned about dealing with insurance companies, contact the Ziff Law Firm to see how we can help you by calling (607) 733-8866 or emailing [email protected].

Be well and drive safely,

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

Many thanks to the lawyers at the Hepworth Holzer law firm in Boise, Idaho, who contributed to these tips.


Warning to Homeowners: Protect Bikers and Obey the Law By Keeping Grass Clippings and Leaves out of the Road

5983ddf764932.image_

Most people think distracted drivers and bad roads are the biggest dangers facing motorcyclists and bicyclists.

Those are the most obvious dangers.

What many homeowners don’t realize is that they could be responsible for one of the most overlooked types of dangers to motorcyclists: blowing yard waste like grass clippings and leaves into city streets and rural roads.

Grass clippings are slippery when dry and feel like you’re riding on ice or grease when they get wet.

Leaves are slippery, wet or dry, but they hide other dangers, too, by disguising potholes and other hazards in the road that can shred tires and worse. Large leaf piles raked into streets and roads send bicyclists into the path of cars. The leaf piles also clog the storm drains, leaving more water on streets and roads – another danger.

OLYMPUS DIGITAL CAMERANew York has two different statutes that prohibit the blowing or placing of grass clippings and leaves on roads.  Vehicle and Traffic Law Sec. 1219(b) requires that any person who drops, or permits to be dropped or thrown, upon any highway any material which interferes with the safe use of the highway shall immediately remove the same or cause it to be removed.  Vehicle and Traffic Law Sec. 1220(a) provides that “no person shall throw, dump, deposit or place, or cause to be thrown, dumped, deposited or placed upon any highway, or within the limits of the right of way of such highway, or upon private lands adjacent thereto, any refuse, trash, garbage, rubbish, litter or any nauseous or offensive matter.”

Homeowners, if you blow your grass into the street or road, blow it back onto the curbing or into your yard. It won’t hurt your grass – its actually good for it. If you fail to do so, you are in violation of the statutes listed above and could be sentenced to a fine, community service of both.

Slippery-When-Wet-Sign-X-W8-10aMore importantly, if your yard waste is responsible for a biker losing control and crashing, you will be personally responsible for the biker’s medical expenses, lost wages, and pain and suffering associated with his injuries. These damages could easily reach into the hundreds of thousands of dollars for a serious injury.

No responsible homeowner would ever intentionally place bikers at risk of harm. By following the laws requiring you to keep yard waste out of the street, you’re doing your part to ensure motorcyclists and bicyclists can safely pass your property.

Many landfill operators no longer accept bagged leaves or grass, so mulch or compost your grass and keep your leaf piles out of the street or road for easy pickup by your municipality.

Those are great ways to share the road with motorcyclists and bicyclists.

Thank you for reading,

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


When It Comes To Buying Car Insurance, Shop Local, Says NY and PA Personal Injury Lawyer

Police Captain Speaks on Elmira Shooting- Neighbor Reaction_14723095_ver1.0_640_360

This column was originally published in The Odessa File.

It’s not easy to convince people to invest more money in their car insurance.

I often meet people, and represent clients, who are underinsured, and when I advise them to budget more money for car insurance, I am sure that some wonder, “Why does he want the insurance companies to make more money?”

I represent injured people; I’m not a salesman for insurance companies. I don’t want you to give an extra penny to the insurance companies that you don’t have to, but the reality is, most people are underinsured — and being underinsured can be financially devastating. You need to have enough insurance to adequately protect yourself and your family.

But how do you decide what is enough insurance coverage? That’s the tough question, and the answer depends upon your unique circumstances: your income, your assets, the number of dependents, your health insurance coverage, and so on.

R1-1_MOD__34542.1522940971Because there are so many factors at play, my best advice is to consult an experienced, LOCAL insurance agent. Do NOT buy your insurance online or on the phone. Take the time to sit down face-to-face with an agent who can ask you the relevant questions and who can answer your questions. There are many excellent insurance agents in our area, so ask around and see who your friends and neighbors recommend. You are looking for an agent who will take the time to get to know you and your needs.

I know that the last thing anyone wants to do is spend a lot of time shopping for insurance, and it’s very tempting to just buy the cheapest insurance you can find online but the reality is that, no matter what, you are going to be spending a lot of money insuring your vehicle and home, so it’s important that you spend your money wisely to make sure you get the coverage you need. Take the time to do this important job of buying insurance correctly.

And as an absolute baseline for all New Yorkers, I recommend that you have at least $250,000 in Liability and Supplemental Underinsured Motorist (SUM) coverage. When a single helicopter flight to the hospital can cost $38,000 (I kid you not!) and a single day in the ICU more than $20,000, anything less in coverage is simply not enough.

Although I appreciate that my $250,000 recommendation is more than the $25,000 New York minimum, I would point out that this minimum coverage has not been increased in over 30 years while medical costs have skyrocketed. I think it’s ridiculous and financially foolhardy that state legislators in Albany have not increased the minimum limits, but regardless, you have the power to do the smart thing by buying enough coverage to protect you and your family. Better safe than sorry.

So get out your current policy and review your SUM and Liability limits. If you have a question about your car insurance policy, email me at [email protected] I will provide a free evaluation.

Be well and drive safely,

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

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


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

image01

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

 

 


Ziff Law Has Free Tickets For Veterans For Wounded Warrior Amputee Softball Team’s Game In July At Dunn Field

The Wounded Warrior Amputee Softball Team last played at Dunn Field in July 2016.

The Wounded Warrior Amputee Softball Team last played at Dunn Field in July 2016.

Elmira’s Dunn Field will welcome back military heroes on July 20 and 21.

Players on the Wounded Warrior Amputee Softball Team will visit the Twin Tiers to meet with their fellow veterans and attend an Elmira Pioneers game on July 20, and then play a charity softball game against the Pioneers on July 21.

downloadThe Ziff Law Firm, a proud sponsor of the charity game, has free tickets for Twin Tiers veterans, who can stop at the law firm, at 303 William St. in downtown Elmira, from 8 a.m. to 5 p.m. weekdays to pick up tickets and enter a drawing for one of two $50 Visa gift cards.

The drawing for the two $50 Visa gift cards will be at 10 a.m. on July 20 and the winners will be announced on the Ziff Law Facebook page that day.

The Wounded Warrior Amputee Softball Team, comprised of veterans who have had amputations, will arrive in the area on July 20 and meet with veterans at the Bath VA Medical Center before being introduced that evening during the Pioneers’ game against the Geneva Red Wings at 7:05 p.m.

Pioneers logoThe Wounded Warrior Amputee Softball Team will be our Ziff Law Firm Veterans of the Game that night. The team last visited Dunn Field in 2016.

The Ziff Law Firm has a long history of putting our veterans and active-duty military personnel in the spotlight in our community as sponsors of the Veteran of the Game program, and we hope our veterans and their families take this opportunity to show their support for the Wounded Warrior Amputee Softball Team.

“I attended the team’s game at Dunn Field and it was deeply moving,” said Veteran of the Game program coordinator Annette Viselli Thorne of the Ziff Law Firm. “The players are courageous and great ambassadors for the strength and grace of American veterans. It was an honor to meet many of them.”

The mission of the Wounded Warrior Amputee Softball Team is to inspire and educate people while enhancing the health of the players. To learn more about the team, and how to donate to its mission, go to http://woundedwarrioramputeesoftballteam.org.

The Ziff Law Firm is also honoring veterans and active-duty military personnel home on leave this summer during all of the Elmira Pioneers home games as part of the law firm’s popular Veteran of the Game program. The honored veterans and their families and friends are seated in a box seat along the first baseline, courtesy of eight free tickets from the Ziff Law Firm. At some point during the game, the public-address announcer introduces the honored veteran and reads a short biography of their military service, then fans cheer for the veteran, who waves to the crowd from the box seats.

The program also salutes veterans in the fall and winter months at Binghamton Devils hockey games at the Broome County Arena. The program started with the Elmira Jackals at First Arena and continued for eight seasons before the team was disbanded at the end of the 2016-2017 season.

If you have any questions about the charity game or the tickets, or wish to nominate a veteran or active-duty service member for the Veteran of the Game program, email Annette Viselli Thorne at [email protected] or call her at 607-733-8866.

Thanks for reading,

Jim 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