“A stitch in time saves nine.” I never really understood this proverb when I was growing up, though I certainly heard my father use it on more than one occasion as he cautioned me to take my time before embarking on a new endeavor.

As a personal injury attorney in the Elmira/Corning, New York area, I have now come to understand the true wisdom behind those words, especially when it comes to automobile maintenance. Accidents certainly do happen, but general awareness of basic automobile maintenance can go a long way toward preventing personal injuries and saving lives. Although I do not profess to be an expert mechanic in any way, I have decided to post basic auto tips periodically this summer to inform – or more likely, remind – readers of simple steps you can take to protect your families from injuries sustained in automobile accidents.To many people summer is synonymous with road trips and family vacation, and I hope my tips will help readers stay safe when hitting the roads.

Tip #1 – Check your Tires

Today is my parents’ 40th wedding anniversary. My father, ever the romantic, decided to take my mother to the Sherwood Inn in Skaneateles, New York for a little getaway. Alas, as my parents pulled out of Horseheads to begin their journey, they got a flat tire. Luckily neither was injured and my dad had the tools to change the tire, though they may have been “spared” (I couldn’t resist) a short delay if only my dad had followed his own advice and checked car before getting on the road.

Tires are crucial to vehicle’s handling, traction, and stability, and can cause an automobile to loose alignment if they are not in proper working order. In general, you should check each of tire periodically, or about once a month.

When checking your tires, first look for obvious defects and damage, and visit a professional if anything looks seriously amiss.

It is very wise to carry a tire gauge in your automobile at all times, and you should check the pressure in each of your tires every time you check them. Tire pressure changes due to a variety of factors, though they are most commonly affected by changes in weather or air temperature. A decrease in air temperature often causes a loss in tire pressure, while an increase in air temperature often causes a gain.

Each vehicle has its own recommended air pressure, and information about it can likely be found in your vehicle’s owners manual. Although a tire’s maximum pressure is listed on its in fine print, you should never use max pressure as a guide when filling your tires because over-inflation allows tires to puncture more easily and can create instability for your automobile.

As an avid bicycle rider, I realize the importance of checking the pressure of my bike’s tires before every ride I take to avoid an accident (and make the ride more enjoyable!) Although checking a vehicle’s tires before every trip may be a bit overly onerous, it is something all of us could do a bit more frequently in order to stay safe.

Thanks for reading,

Christina Bruner Sonsire

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As an injury attorney representing bicylists injured by cars and trucks, one of the most common things I hear from my clients is that they “never thought an an accident would happen to me”.  Let’s face it, none of us expects that we are going to be mowed down by a car as we ride our bikes but every day some poor bicyclist is seriously injured or killed by motor vehicle collisions.  So, as much as I hate the fact that we have to prepare for the worst, it is very important that you do so in case today is not your lucky day……

One safety precaution that might save your life in the event of a bike accident is to ALWAYS carry or wear some form of ID that tells rescue workers who you are and how they may contact your friends or families to let them know you have been hurt.  For years I had known that I should be carrying some form of ID but more often than not I simply forgot to do so.  It wasn’t until a recent bike case I handled where my client was rear-ended by a car at 50+ mph that I decided I would NEVER ride again without some form of ID on me.  My client told me that he was wearing a wrist ID (called a RoadID, you can get info here) that thankfully let the ambulance people immediately notify his wife that he was injured.

Here’s what the RoadID looks like and you can get it engraved with your name, emergency #’s, etc.

So for less than $20 bucks, you can buy an ID that might save your life.  Seems like money well spent to me!

Good luck and ride safe!

Jim Reed
jreed@zifflaw.com

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This advice seems like a no-brainer but a recent study discussed on Engadget (a super blog about all types of electronic gadgets!) scared the bejeezus out of me.  This study (pasted below) found that 37% of Generation Y drivers, admitted that they text message while driving.  37%!!

That means more than a third of these young drivers are putting all of us at risk for serious injury in a car crash.  Let’s face it, anything that distracts your attention from the road ahead makes you a more dangerous driver.

Last year there was a horrific car crash in Upstate N.Y. that caused the death of 5 high school girls.  The investigation revealed that a text message had been sent from the drivers cell phone at the time of the crash.  While it was never proven that the driver herself sent the text message, investigators speculated that the driver or her friends were distracted while texting.

Here’s the Engadget post:

Survey finds 37% of Gen Y-ers text while driving

by Darren Murph, posted May 2nd 2008 at 3:26PM

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In a world seemingly dominated by all-encompassing HIPAA protections (i.e. the dozens of forms you are asked to sign when treated in the hospital) and daunting HIPAA fears (i.e. your boss’s warning that you cannot repeat, recite nor should you even remember information you learn from HIPAA sensitive documents while on the job,) the question inevitably arises: What can I do if I feel my so-called “HIPAA rights” are violated?

Proper analysis of that inquiry requires a basic understanding of Health Insurance Portability and Accountability Act of 1996.  (A complete copy of the HIPAA statute can be found at http://aspe.hhs.gov/admnsimp/pl104191.htm.)   Read the rest…

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Knock me over with a feather…..  As you may recall from my prior post, Wal-Mart was trying to recover every penny of a former employee’s trust fund that she received from a lawsuit after suffering permanent brain injury in a bad car accident.  In my prior post I took Wal-Mart to task for its heartless position in this case.

My point in my post was that while Wal-Mart’s position was LEGALLY permissible, it was MORALLY bankrupt.  I suggested Wal-Mart should do the “right thing” and let this poor lady keep her money.  Well, knock me over with a feather because Wal-Mart just announced that they are going to let this lady keep her money after all!

I am shocked (but VERY pleased) that Wal-Mart did the right thing.   I suspect that the only reason they did so was the public relations nightmare created by their horrible treatment of this poor lady, but regardless of their reason, at least Debbie Shank’s life will be a little better because she will have the money to get the care she so desperately needs…..

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
NY Accident & Malpractice Attorney
Here’s the CNN story on the Wal-Mart about-face on this issue:

Wal-Mart: Brain-damaged former employee can keep money

• Story Highlights
• Wal-Mart sued Debbie Shank to recoup $470,000 it paid for her medical care
• Shank appealed to the U.S. Supreme Court, but the court would not hear the case
• On Tuesday, Wal-Mart said it is modifying its health care plan

From Randi Kaye
CNN

(CNN) – A former Wal-Mart employee who suffered severe brain damage in a traffic accident won’t have to pay back the company for the cost of her medical care, Wal-Mart told the family Tuesday.

“Occasionally, others help us step back and look at a situation in a different way. This is one of those times,” Wal-Mart Executive Vice President Pat Curran said in a letter. “We have all been moved by Ms. Shank’s extraordinary situation.”

Eight years ago, Debbie Shank was stocking shelves for the retail giant and signed up for Wal-Mart’s health and benefits plan.

After a tractor-trailer slammed into her minivan, the 52-year-old mother of three lost much of her short-term memory and was confined to a wheelchair. She now lives in a nursing home.

She also lost her 18-year-old son, Jeremy, who was killed shortly after arriving in Iraq. When Debbie Shank asks family members how her son is doing and they remind her that he’s dead, she weeps as if hearing the news for the first time.

Wal-Mart’s health care plan lets the retail giant recoup the cost of its expenses if an employee collects damages in a lawsuit. And Wal-Mart set out to do just that after Shank and her husband, Jim, won $1 million after suing the trucking company involved in the wreck. After legal fees, the couple received $417,000.

Wal-Mart sued the Shanks to recoup $470,000 it paid for her medical care. However, a court ruled that the company could only recoup about $275,000 — the amount that was left in a trust fund for her care.

The Shanks appealed to the U.S. Supreme Court, but the court declined in March to hear the case. CNN told the couple’s story last week, prompting thousands of angry blog responses and at least two online petitions to boycott the company.

On Tuesday, Wal-Mart said in a letter to Jim Shank that it is modifying its health care plan to allow “more discretion” in individual cases.Watch Wal-Mart reverse its decision »

“We wanted you to know that Wal-Mart will not seek any reimbursement for the money already spent on Ms. Shank’s care, and we will work with you to ensure the remaining amounts in the trust can be used for her ongoing care,” Curran said.

“We are sorry for any additional stress this uncertainty has placed on you and your family.”

Wal-Mart’s reversal came as shock to Shank.

“I thought it was an April Fool’s joke,” he told CNN.

“I (would) just like to let them know that they did the right thing. I just wish it hadn’t taken so long,” Shank said. “But I thank them and I hope they come through with all that they said they’re going to do.

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Image from Wikipedia

I received a phone call recently from a prospective client who was struck by a car insured by Travelers Insurance while walking from his employer’s parking lot to the building he worked from. Luckily, this individual appears to have sustained only minor injuries (he was struck by the car’s side view mirror only). That didn’t stop Travelers, though, from trying to cheat him out of benefits he may be due under the policy. First, they tried to tell him that he should file a Worker’s Compensation claim through his employer, as he was walking to work at the time he was struck by the car. Nice try! Under New York State law, this type of accident is clearly the responsibility of the no-fault carrier (Travelers, in this case) NOT the worker’s compensation carrier.

When Travelers’ first attempt at shirking their obligations failed, they came up with a new story. As regular readers of this blog know, in order to bring a personal injury case for injuries arising out of a motor vehicle accident in New York, you have to have sustained a “serious injury” as defined in the New York State Insurance Law. Sometimes it is easy to tell when someone has a “serious injury”. Sometimes you can’t tell for months. Despite the fact that this accident occurred only two weeks ago, the Travelers adjuster was trying to convince this individual that he did NOT have a serious injury. Since, the adjuster claims, this individual did not sustain a serious injury, the most the adjuster can pay him under New York State law is $1,000.00

This, Ladies and Gentleman, is a bold faced, out right LIE! There is no such rule! Travelers can pay as much as they want, and they routinely pay more than this on disputed cases where serious injury is in doubt. This is just another insurance company hoping to take advantage of someone before they hire an attorney and learn the truth! That’s just part of why I love my job, having the ability to expose the lies of the insurance companies and make them live up to the obligations we pay and pay and pay them for!

Incidentally, this is not the first time Travelers has been involved in some shady dealings. See the link below.

Thank for reading,

Adam M. Gee, Esq.
Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

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Source: WikipediaThis recent CNN story (also pasted below), illustrates two problems I deal with on a daily basis in representing my injured clients:  1)  Giant corporations are heartless.  2) ALL the cards are stacked against the little guy.

In this case, a Wal-Mart employee, Debbie Shank, paid part of her hard-earned salary for health insurance coverage.  Debbie was then involved in a horrible car crash suffering permanent brain damage.  Her injury lawyers successfully recovered a $1million settlement on her behalf.  $417,000 of the settlement was put in a trust fund to pay for Debbie’s future medical care.

This is where things get nasty.  Wal-Mart ’s health insurance carrier said that they paid $470,000 in medical bills for Debbie’s care so they wanted EVERY PENNY of Debbie’s trust fund.  That’s right, every penny.  Leaving Debbie with nothing.

Now remember– Debbie PAID for her health coverage– it wasn’t something that Wal-Mart was kind enough to give to her.

So let’s see if we get this right:  Debbie paid for health coverage but now the health carrier wants to be paid back for everything they paid.  So, if the carrier gets paid back for everything they paid, what was Debbie paying for?  Doesn’t this mean that the insurance company gets a windfall– they collect premiums to pay for coverage and when they actually provide the coverage that they were paid for, they still have the right to be reimbursed?  Short answer:  Yes. Read the rest…

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Alternative dispute resolution (or ADR for short) is being increasingly pushed by the judiciary and insurance companies involved in civil litigation.  The Federal courts even have pilot programs where ADR is mandated before a case can proceed to trial.  The question for the personal injury attorney and client is whether ADR is a good thing.

There are three different methods of ADR presently in use in New York.  They are mediation, arbitration and summary jury trials.  Mediation and arbitration are by far the two most common, but summary jury trials are also increasing in frequency.  Mediation is a process by which all parties agree to meet with a mediator.  The mediator does not have authority to determine any issues, but merely tries to foster agreement among the parties and broker a settlement.  The mediator has no interest in the outcome of the case, and acts as a neutral third party who looks at the potential evidence with the clear eye of someone not personally involved in the litigation.  A skilled mediator can help each side to see their potential problem areas, and arrive at a reasonable settlement figure in light of the strengths and weaknesses of their case.  If at the end of the mediation no agreement is reached, the case proceeds to trial.

Read the rest…

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As the newest addition to Ziff Law’s personal injury and malpractice litigation team, I would like to take this opportunity to introduce myself to the firm’s blogosphere community.  Without going into too many details about my so-called “pedigree” and educational background – information about which can be found on Ziff Law’s website at www.zifflaw.com or a recent Star Gazette article at http://www.stargazettenews.com/apps/pbcs.dll/article?AID=/20080322/BUSINESS/803220302 –  I want to provide you, the interested personal injury blog connoisseur, with some interesting (though not directly relevant to my practice) facts about me.