Category: Auto Insurance

Handheld Electronic Device Law Changes | Brooklyn Covered

While illegal though, the driver had to be stopped for another traffic violation in order to receive a ticket for using the handheld device. So, if you’re like many drivers I’d see on Brooklyn’s Third Avenue, heading to the Verrazano Bridge during the afternoon rush while texting, talking, checking email, and in one case playing Angry Bird, you could get away with murder. Probably the murder of some poor pedestrian, or another driver, who like me would have the blow the heck of their horn to get “Birdmans” attention before he ran into me

Stop wasting your time and money playing Powerball and Mega Millions. Just give me a digital camera so I can take pictures of drivers breaking the new Handheld Electronic Devices law. Then, I’ll upload the photographic evidence of their unlawful activity to the New York State Department of Motor Vehicles. They can send me a check for $1,000.00 for each law-breaker. Let’s see, ten (10) each day, at $1,000.00 each, that’s $10,000.00 each day, times 20 working days each month…

…Like I said, who needs Powerball of Mega? This is a sure thing.

Wait A Minute. Another New Law?

On July 12, 2011, New York State Governor Andrew M. Cuomo signed a new law about a drivers use of handheld electronic devices while operating a moving motor vehicle in New York State. Specifically, what once was a secondary traffic offense is now a primary offense.

What’s The Difference Between  Primary And Secondary Offenses?

Under the old law, it was illegal for a driver to use a cell phone, IPad, or other handheld electronic device for texting or talking while operating a motor vehicle, i.e., while the vehicle was in motion.

Though illegal, the driver had to be stopped for another primary traffic violation to be ticketed for using the handheld device. So, if you’re like the many drivers I see on Brooklyn’s Third Avenue, heading to the Verrazano Bridge during the afternoon rush who are engaged in texting, talking, checking email, and in one case playing Angry Bird, you could get away with murder. Probably the murder of some poor pedestrian, or another driver, who like me would blow the heck of their horn to get “Birdmans” attention before he ran into me.

The police were required to pull you over for failing to signal a lane change, speeding, or some other primary violation to smack you with a ticket for use of the handheld electronic device. So, in addition to the points and fine for the primary offense, law enforcement would also give you a ticket garnering you two (2) points and  a fine of $150.

How The Law Changed

As of July 12, 2011, law enforcement no longer needs any other reason to pull you over for violating what is now a primary offense. This means getting a ticket for three (3) points, and a fine of $150.00.

What Constitutes Illegal Activity?

Illegal activity includes holding an electronic device and:

  • Composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages;
  • Viewing, taking, or transmitting images, and;
  • Playing games.
How You Can Avoid A Ticket

As long as the device is attached to a surface inside your car, or is a GPS device attached to the inside of your car, you’re okay. You can also use a bluetooth earpiece if you absolutely must talk all the way home.

If you’re trying to communicate with law enforcement, the fire department, or medical personnel during an emergency, you won’t face a fine.

Who’s Exempt  From The Law?

Police officers, fire fighters or emergency vehicle drivers while they are performing their duties.

How The New Law Really Affects You

  • You’ll receive three points on your license, meaning your automobile insurance will  increase at renewal. If your insurance company decides to renew your policy. Your company may forgive an accident, but not one caused by your unlawful operation of a moving vehicle.
  • Based on the number of points already on your license, you could be required to pay annual assessments, every year for three (3) years.
  • Should you exceed the number of points New York State needs to suspend your driver’s license, you could find yourself taking the train and/or bus. Then you can talk and text all you want.

According to The National Highway Traffic Safety Administration,  5,500 people were killed and 450,000 people were injured in distracted driving crashes in the year 2009.1 Also, you’re 23 times more likely to crash if you text while driving.1 

So, stop the distracted driving. Chances are, you’ll live longer, pay less for your insurance, and only take the train and bus when you want to.

As for me, I guess it’s time to be “In it to win it.”

1.   http://distraction.gov , “Driving Safety.”

Two People Who Want To Kill Their Infant|BrooklynCovered

And the sad part? These two should-have-never-been-able-to-conceive excuses for parents would demand their insurance company provide the best care for their infant. As the child grew, they would demand the public school system provide the best possible education for their child. They would probably also demand their state and local legislators change existing estate planning laws re: Special Needs Children just so their child would benefit from greater access to lifelong services and funding.

Some Parents Treat Their Children Like They’re A Major Inconvenience

So, there we were, myself and Salvatore Cataldo, owner of the soon-to-be world-famous Cataldo’s Italian Restaurant and Pizzeria (www.cataldos54.com), at 564 Vanderbilt Avenue, standing outside of his restaurant this morning, Sunday, August 21, 2011 at approximately 11:20 am.

The sun shone brightly (the biblical rain I am listening to outside my window wasn’t falling this morning), and as Sal and I spoke, I saw what can only be described as the complete disregard for an infants well-being by what passes for parents today.

Heading north on Vanderbilt Avenue were two couples, and both fathers were responsible for transporting their babies on their bicycles. The second father was doing everything right. The child wore a protective helmet of the proper fit and size. The child was also secured in a protective bicycle seat. Even better, both Dad and Mom were wearing bicycle helmets. Great.

It was, however, Dad and Mom number 1 who made me want to run out into the street and snatch their child from their stupid grasp.

Dad number 1, you see, was carrying what looked like an infant in one of those cloth baby carriers. You know the kind I’m talking about. They’re made of cloth and designed to support the infant’s head while allowing their little arms and legs to move. Something you wouldn’t put a child older than one year of age in. They provide absolutely no protection in an accident. Worse yet, the little infant lacked any form of head protection.

Breaking The Law, Breaking The Law

Article 34, section 1238 of the New York State Vehicle and Traffic Law is quite specific about the minimum age of passenger on bicycles. It states;

“Section 1238. Passengers on bicycles under one year of age prohibited; passengers and operators under fourteen years of age to wear protective headgear.   1. No person operating a bicycle shall allow a person who is under one year of age to ride as a passenger on a bicycle nor shall such person be carried in a pack fastened to the operator. A first violation of the provisions of this subdivision shall result in no fine. A second violation shall result in a civil fine not to exceed fifty dollars.

2. No person operating a bicycle shall allow a person one or more years of age and less than five years of age to ride as a passenger on a bicycle unless: (a) such passenger is wearing a helmet meeting standards established by the commissioner. For the purposes of this subdivision wearing a helmet means having a helmet of good fit fastened securely upon the head with the helmet straps; and

(b) such passenger is placed in a separate seat attached to the bicycle and such seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.”

“So What?”  You Say?

Let’s imagine the worst. Both child-carrying Dads crash or fall because of  some obstruction on the roadway say,  a stone, a stick, a slippery metal road covering because of ongoing sewer rehabilitation. Even worse, they collide with a Distracted Pedestrian who’s watching a movie, texting or talking while walking.  Now Dad number 2 and his child may suffer some nicks and cuts, but should avoid suffering permanent damage to their brain cells.

Dad number 1 and his child would be a different story. The baby would have a higher chance of suffering permanent brain damage, not to mention the loss of use of one or more of its limbs. Or, the infant would die.

And the sad part? These two should-have-never-been-able-to-conceive excuses for parents would demand their health insurance company give the best care for their infant. As the child grew, they would demand the public school system provide the best possible education for their child. They would probably also demand their state and local legislators change existing estate planning laws re: Special Needs Children just so their child would benefit from greater access to lifelong services and funding.

Here’s What I Say-Deny, Deny, Deny.

Now, to his credit, Sal was trying to calm me down. Then  I gave him the reality of increased health care costs because these two “parents” didn’t love their child enough. Add to that the resources that might go to this child due to his parents foolishness, which could lead to higher taxes for us. And let’s not downplay the effect a liability suit could have on both the cost and availability of certain insurance coverages

And worse, the danger those parents placed their infant child in.

So here’s what I say: Deny.

Deny them the right to receive any medical benefits for their child.
Deny them the right to receive anything but the most basic education for their child, unless they pay for it from their own pockets.
Deny them the right to sue the city and/or utility or private firm for their failure to properly cover road hazards.
Deny them the right to sue the Distracted Pedestrian, or the driver of the car which strikes them by accident (Come on,  if they’re this dense, you know they’re running red lights on their bikes).

I do demand the law be changed. The civil fine for the first violation should be no less than one thousand dollars ($1,000.00). For a second violation of any part of the law, twenty-five hundred dollars ($2,500.00), and the impounding of their bicycles until they prove the child is properly protected and of age to be a bicycle passenger. A third violation? Removal of the child from the parents. Why? They are clearing demonstrating they love to bike more than they love their child.

Sal, once he helped me get my blood pressure down to a reasonable level, put it all into perspective. “My friend,” he said, “I can almost guarantee you nothing will ever happen to that kid. The kid whose parents do all the right things, that’s the one who will suffer. That one, nothing  will ever happen to it. And that’s the way it is.”

Let’s pray he’s right.

Accidents, Lies and no Videotape | BrooklynCovered

I raced outside and saw what looked to be a 1995 Panel Van with NYS plates kissing the rear bumper of a white 2007 Chrysler Station Wagon with Pennsylvania plates. The driver of the Panel Van had jumped out of his vehicle, cursing his fate, not thinking clearly enough to put his van in park. I suggested, in a loud voice, to get back in the van and put it park.

Date:  Thursday, June 23, 2011
Time:  5:oo PM
Road Surface Conditions:  Dry
Light Conditions:  Cloudy with excellent visibility

Whatever Shall I Blog About?

I was at my desk, thinking of what to blog about, (I mean, I’ve only got about five shopping bags full of notes and ideas), when I thought I heard a bomb go off outside my office.

I raced outside and saw what looked like a 1995 Panel Van with NYS plates kissing the rear bumper of a white 2007 Chrysler Station Wagon with Pennsylvania plates. The driver of the Panel Van had jumped out of his vehicle, cursing his fate, not thinking clearly enough to put his van in park. I suggested, in a loud voice, to get back in the van and put it park.

I  briefly spoke to two former Brooklynites, just in from their new home in Las Vegas for a visit. They said both cars were stopped and then, in what I can only imagine was a severe case of distracted driving, Panel Van Man hit the gas and slammed into the rear of the PA Chrysler Wagon. So hard, in fact, both the drivers and passenger side front air bags , the van’s front bumper was ripped off, and the hood bent like a piece of paper you didn’t like before you threw it away. The result of a collision which again, sounded like a bomb going off.

The driver of the PA Chrysler emerged from his vehicle, holding the back of his head and flexing his spine. When I inquired as to how he felt, he told me he had just left work early to go to a doctor’s appointment.

Call 911, Kiddo

My daughter brought out some paper and pens so the two drivers could exchange information. Why? Well, Sections 601-605 of Title VI, Article 22 of the NYS Vehicle and Traffic Law, (2007-2008 edition) covers the responsibilities of persons involved in a motor vehicle accident anywhere in the state of New York.Section 605 specifically states anyone involved in an accident where on or both parties suffer damage in excess of one thousand dollars shall report the accident in writing to the commissioner.

Your wilful failure  to report an accident or give current information is a misdemeanor creating grounds for the suspension and/or revocation of your license, registration, or both. This applies even if the driver involved is licensed, registered and insured out of state. You wouldn’t be able to legally drive anywhere in New York State.

Send In The Clowns

Why the lesson in vehicle law? Only because this is when the circus began.

The Pennsylvania plates finally made my insurance agent brain go “Click.”

“How are you feeling?”

“Okay, I guess.”

“I called the police and they should arrive soon. Are you the owner of this vehicle?” I asked.

“Yes, I am.”

“And, just between us, do you really live in Pennsylvania?”

“Uh, yeah. I’m just, uh, staying with my daughter in Brooklyn this week.”

Now, did somebody leave a dead, rotting fish in the sink for a week, or does something else smell fishy to you? Didn’t he tell me he’d just left work early to go to the doctor? Somehow, I don’t think he works, or lives in Pennsylvania.

Here’s the reality. Panel Van Man probably lacked either a valid license or current auto insurance. Chrysler Man really lives somewhere in Brooklyn, and fraudulently registers and insures his vehicle in the Commonwealth of Pennsylvania

Panel Van Man again came over to offer PA Chrysler Man money to fix his car.

“Come on pal, we can settle this right now. How much do you want to fix your car?”

To his credit, PA Chrysler Man initially said “No, I want to call the police and get an ambulance. I don’t know if something is wrong with me, and I don’t know how bad my car is damaged. Don’t you have insurance?

“Yeah, yeah, I got insurance, but it’s high insurance. I pay real high insurance now.”

Gee, no kidding.

“I don’t want my insurance to go up. I’ll tell you what, follow me to my collision shop and I’ll fix your car for you.”

Why is it everybody responsible for an accident does body work? I mean, are they driving around looking to hit other cars so they can take them to their shops for practice? Or is business that bad?

They got down on hands and knees to examine the undercarriage of the Chrysler, then lifted the hatch and checked the interior trunk area for damage. All the while, Panel Van Man kept imploring PA Chrysler Man to take some money.

“Look, I only got $60.00. You’ll have to trust me for the rest.”

Say what? You just ram the back of another car, don’t want to call the police, and expect the other driver to ‘trust you’?

That’s when PA Chrysler Man pulled out his cell phone, began to hold the back of his head. Me, I’d have been laying on the macadam, waiting for Godot, I mean, the ambulance and the police. I’d already have my lawyer, John Dewey, of the law firm Dewey, Cheatum and Howe, on line one, and my real estate agent on line two.

Then, as if by miracle, Panel Van Man sighed, and pulled out a wad of bills which would have choked Secretariat to death. If he thought he had only $60.00, then he didn’t know how to count. He counted out a bunch of $100’s for quite some time. The first time he stopped, PA Chrysler Man shook his head as if to say, “Keep it coming fool”, and he kept on counting.

When an agreeable amount of money had chaned hands, Panel Van Man got into his vehicle lacking a legal bumper, with two deployed air bags and drove off in a cloud of smoke to strike again.

I approached PA Chrysler Man and expressed my hope he wouldn’t wake up a month from now, paralyzed from the waist down from the displaced spinal fracture he may have suffered in the accident. The same fracture the x-ray machine at the hospital would have discovered had he gone.

“There’s not enough money in the wad of bills he gave you to pay the medical and skilled nursery costs you could be facing down the road.”

He shrugged, smiled, got into his  rear bumper-damaged wagon, and drove away, happy with his unexpected payday.

Let’s just hope the rear of his car and his rear don’t fall off the same day.

Who Loses When This Happens?

Well, dear readers, it’s you and I. Us, the “I don’t need the hassle,” “Chicken livered,” and “I am too pretty for prison” honest folk who dutifully pay the proper and legal rates for auto insurance. Rates which are high because of the fraud so many other perpetrate daily.

We pay for everyone who says we’re crazy or stupid for paying so much when you can insure in Florida, Ohio, Maryland, and yes, even Pennsylvania and save yourself some money.

Just don’t get into an accident.

That’s okay though. Like I said, I’ll be glad to wait for the ambulance, talking to my lawyer on the phone.

The really good side of all of this? I finally had something fresh to post.

 

Eustace Greaves Jr, LUTCF is BrooklynCovered, a financial services representative located in Brooklyn, NY.
And all of the cool stuff happens right outside of his door.

 

 

All original content on these pages is fingerprinted and certified by Digiprove
error: Content is protected !!