PA Law Blogs » Personal Injury Law

Auto Accidents in the Suburbs

Michael Monheit — Tue, 07 Feb 2012 03:38:18 +0000

Auto accidents in the suburbs tend to be different than car crashes in the city. While the rules of the road and the laws governing recoveries are the same, there are some practical differences that are important to know about if you are injured in a suburban crash.

Those differences may include:

Who investigates the crash. Accidents that occur on local, rather than state, roads are typically investigated by local police.
Decreased traffic may mean increased speed. With fewer cars in the way in suburbia, cars tend to drive faster and the impact of a collision may be more significant.
Fewer accident witnesses. There may be fewer vehicles on the road and fewer pedestrians who witness the crash which could further complicate the accident investigation.

Despite the differences, there is one important thing that remains the same. You have the right to consult a Pennsylvania car accident lawyer and to pursue a legal recovery if you have been injured in an accident – whether that accidents occurs in the city, in the country or somewhere in the suburbs in between.

Death by Texting: Auto Crash Danger

Deborah Forrister — Mon, 12 Dec 2011 15:20:44 +0000

Too many people die in auto crashes involving texting.

Texting is an extracurricular activity that should never be done while driving a car. Texting while driving is avoidable.

Auto crashes involving texting happens because of stupidity.

Due to advancements in technology and inexpensive cell phone contracts/cheap prepaid phones—texting while driving is on the rise and increases day by day. A study by Virginia Tech Driving Institute revealed that those who resort to texting while driving are 23 times more likely to have an auto crash.

Texting while driving is about six times more likely to result in an accident than driving drunk.

How many people die in auto crashes involving texting?

Studies have found that texting while driving causes a 400% increase in time spent eyes not looking at the road.

On November 9, 2011 Pennsylvania Governor Tom Corbett signed into law a bill that bans drivers from sending or receiving text messages in Pennsylvania. This bill brought the total number of states with a texting while driving ban to 35. The new law makes texting behind the wheel a primary offense, meaning that police can pull over motorists for that violation alone. The ban takes effect on March 8, 2012; the fine is set at $50.

Will the texting while driving ban have an effect on auto crashes?

Damages in Personal Injury Cases

Joel Feldman — Wed, 02 Nov 2011 21:58:33 +0000

Lawyers tend to be task-oriented—some say we like to get from “A to Z” quickly. I think we may be too quick. As I learn about how people proceed through the mourning process and face loss and grief I believe we do a disservice to our clients and miss opportunities to learn more about our client’s specific loss by being too efficient. In turn, we may have missed opportunities to present a more complete damages case on their behalf.

Permanent life-altering injury to one’s self or death to a loved one shakes a clients world.
The complexity of feelings, behaviors, thoughts and experience are unique for each client, but nearly always clients has feelings of isolation. They feel different as a result of their loss and often are treated differently by those around them, whether through ignorance or fear, and support from others is often lacking which increases the feeling of isolation. Studies indicate that successful adaptation to loss is affected positively by the amount of peer support those who are suffering receive.

We are lawyers, not therapists, but helping our clients as they adapt to permanent change will help us better understand what our clients are going through and that will permit us to be better and more affective advocates on their behalf. Try listening to a client, instead of feeling compelled to speak or direct, and let the client know that you want to know what it is like for him or her as they struggle with their loss. What you hear will make you a better lawyer and human being.

Read more on the stages of grief and morning and Empathic listening in the recent publication ‘Understanding Our Clients’ Stories of Loss“.

Understanding Whiplash Injury Accidents

Michael Monheit — Mon, 31 Oct 2011 22:54:28 +0000

Whiplash is an injury to the neck and spine that can occur during an accident when an individual’s neck is jarred in a swift, unexpected motion. Because motor vehicle crashes (even at low speeds) may jar a person’s neck, whiplash lawsuits are common between injured parties. Whiplash typically occurs to passengers in a car that is hit from behind. Sometimes the scope of a whiplash injury may take an extended period of time (weeks or months) to fully develop.

Medical issues resulting from whiplash can include serious neck pain, headaches, dizziness, back trauma, and others. The state of Pennsylvania allows individuals to file lawsuits regarding whiplash if they can prove such problems are due to a car crash. However, the type of Pennsylvania automobile insurance an individual selects stipulates the type of coverage and right to sue. The two kinds of coverage in PA are referred to as “No Fault” and “At Fault.”

Generally speaking, drivers electing the no fault option wave their rights to file suit with other drivers or against insurance companies in exchange for a guaranteed level of insurance payment, regardless of whose negligence caused the accident. If the insured has selected to opt-out of no fault coverage (at fault), he or she maintains the right to sue for damages or injuries sustained by the negligence of another driver if it can be proven that it was the other driver’s fault. However, the separation between these two levels of coverage is not black and white; there are customizable choices between the two and circumstantial factors that dictate an individual’s ability to sue. The choice can be confusing and it does affect the cost of insurance premiums, but most legal professionals would strongly advise that individuals hold on to all rights. If you’ve suffered whiplash injuries in a Harrisburg auto accident, consult an experienced Pennsylvania car accident attorney for more information about your legal rights.

New PA Legislation Says Don’t Eat and Drive!

Michael Monheit — Fri, 28 Oct 2011 17:07:05 +0000

Distracted driving in any form is incredibly dangerous. And while the use of cell phones and hand held devices, specifically texting while driving, always tops of the most hazardous distractions driving activities, with good reason, another primary offender routinely rides under the radar: eating while driving. A recent story by the York Daily Record explored the dangerous behavior further.

A clause that bans eating while driving in Pennsylvania has been specifically included in a new bill that bans all forms of distracted driving. The bill is currently moving through the legislative process. According to data collected by the National Highway Traffic Safety Administration (NHTSA) in 2009, an enormous 80 percent of all highway accidents recorded were caused by some kind of distraction (this includes eating). Sixty-five percent of close calls were also attributed to the behavior. A separate study done by Exxon Mobil showed that 70 percent of drivers eat food while operating vehicles, and 83 percent consume beverages while driving.

The issue is gradually gaining attention, with a notable ban proposed in Oak Park, Illinois, to a mixed bag of praise and disdain from residents. As reported by the Daily Record article, the NHTSA research also spotlighted what they consider to be the most dangerous and regularly seen foods and beverages behind the wheel, which included coffee, hamburgers, soda, doughnuts, soup, ribs, and wings.

Have you been injured in a Pennsylvania accident that you believe was the result of distracted driving? Contact an experienced PA distracted driving attorney to discuss your case today.

Causes of Big Rig Underride Wrecks

Miriam Barish — Wed, 26 Oct 2011 12:09:52 +0000

Data from the Pennsylvania Department of Transportation (PennDOT) shows that in 2010 there were 1,324 fatalities caused by automobile accidents in PA that year. More than 10 percent of all of those fatalities involved large commercial truck accidents. Due to their immense proportions and weight, big rig trucks can be especially lethal if involved in a highway accident. Large trucks can also be particularly prone to dangerous incidents due to the inherent difficulties in controlling such large vehicles, especially in compromised or negligent situations.

One kind of common large truck accident is referred to as an underride accident. This happens when a passenger motor-vehicle collides with the side or back of a truck, and the result is often devastating as a smaller vehicle’s roof can be totally torn off. Philadelphia underride accidents that occur when a driver crashes into the side of the truck can happen if a big rig driver makes a turn, crosses lanes, or attempts a U turn without adequate signaling or surveillance of the roadway. Underride accidents that occur when a driver crashes into the rear of the truck may happen if a big rig slows down unexpectedly, or is traveling very slow, without proper rear lighting/ reflectors.

The majority of underride crashes happen after dark, and many result from malfunctioning reflective lights (or the absence of such lights), inordinately slow speeds with hazard lighting, or faulty side and back underride protective guards (or the absence of such guards). Those traveling in smaller passenger vehicles, who are involved in a large truck underride accident, may suffer serious injuries as a result. Have you been injured in a big rig underride accident in Pennsylvania? If so, contact an experienced big rig accident lawyer in PA to review your case.

What to Do After a Car Accident in Pennsylvania

Miriam Barish — Tue, 18 Oct 2011 12:07:19 +0000

The moments after a car accident can be frightening and confusing. That’s why you must know what to do before one happens (and hopefully it never does). The following list offers rules mandated by Pennsylvania state law, as well as widely accepted practices to effectively and safely navigate the scene of an accident.

Immediate Action
You are required by law to remain at the scene of an accident. Neglecting to do so can be grounds for the suspension of your driver’s license and other more severe charges depending on the circumstances.

Pull your vehicle to the side of the road if possible and stay out of the way of traffic. Be aware of your surroundings, including any problems with your car, such as fire. Notify 911 to report any injuries at once. Do your best to provide immediate help but refrain from moving an injured person unless you have professional medical training. After calling 911, inform the local police if the accident involves personal injury or property destruction.

Legal Information
All parties involved in a Pennsylvania accident are required to exchange pertinent information, including:

Name and contact information.
Car insurance for all drivers.
Driver license number.
License plate numbers of the vehicles involved.

It’s advisable to take relevant pictures of vehicle damage at the scene of the accident. Also if possible, obtain the contact information form any eye witnesses including name, address, and telephone number.

When to Report an Accident to the Pennsylvania Department of Transportation (PennDOT)
You must submit an official report to PennDOT within five days of an accident if:

The accident resulted in injury or severe damage to any vehicle involved, and
The police did not document the accident on site when it happened.

PennDOT will check this report with the insurance companies affiliated with the crash, so make sure it’s accurate. Always retain a copy of your report for your personal records. Contact a Pennsylvania automobile accident lawyer for guidance.

Big Rig Jackknife Dangers and Prevention

Jim Ronca — Fri, 14 Oct 2011 12:10:45 +0000

Any accident involving a large commercial truck has the ability to produce immense danger and damage, but what’s known by truck drivers as a “jackknife” is among the most treacherous due to the high likelihood that an accident of this kind may impact other vehicles on the road. A jackknife occurs when the front cab and the back trailer of a truck bend at an extreme angle (the movement is similar to that of a hunting knife folding). When a truck folds in this manner, the driver loses complete control and the enormous vehicle often ends up in a careening slide across numerous lanes of traffic.

Jackknife Statistics and Causes
In 2009, the Federal Motor Carrier Safety Administration (FMCSA) reported 295,215 accidents involving large commercial trucks and buses. Out of those, 4,146 involved a jackknife, of which 3,000 resulted in the damage of property, 1,000 resulted in personal injury, and 146 resulted in deaths.

Factors that may cause a Pennsylvania jackknife accident include:

Vehicle malfunction: When a truck’s brakes fail, the vehicle can jackknife. As a last resort during brake failure, a driver may even purposefully attempt to jackknife a truck.
Dangerous highway conditions: Bad weather and other uncontrollable or inadvertent road scenarios can result in big rig jackknifes. This can stem from any outside circumstance that reduces a driver’s control (rain, sleet, or snow) or reaction time (an object in the roadway).
Driver error: The act of jamming the brakes abruptly may cause a jackknife to occur. Other situations involving driver error may also stem from incorrect braking or poor maneuvering, including distracted driving and alcohol or drug use.

It’s every commercial driver’s responsibility to operate their truck safely and responsibly. If you’ve been injured in a big rig jackknife accident that you believe was caused by driver negligence, contact a Philadelphia tractor trailer accident attorney to discuss your case.

New PA Law to Restrict Teen Drivers and Passengers

Michael Monheit — Wed, 12 Oct 2011 12:25:37 +0000

Every year, automobile accidents are the number one cause of fatalities for American teenagers, specifically from 16 years old to 19 years old. The rate is four times the amount of adults killed, according to data by the Pennsylvania AAA Federation. Inexperience has always been a detrimental factor in teen driving risks, but the exponentially increasing amount of causes of
Pennsylvania distracted driving accidents (via cell phones, handheld devices, and overloaded social schedules) makes the equation even more hazardous and potentially lethal. As a result, new legislation in Pennsylvania that is meant to restrict and safeguard teenage drivers will become effective in late November.

Starting on November 28 of this year, as reported by Harrisburg Examiner, the bill (H.B.-9, backed by Representative Katharine Watson) will restrict the number of teenage passengers to one individual (under 18 years of age) in any vehicle driven by a teenage driver. The law excludes a teenage driver’s direct family, as they are exempt from the rule. The new legislation also ramps up several other related initiatives for young drivers, boosting the amount of required behind the wheel training from 50 to 65 hours (making it mandatory for 10 of those training hours to be completed with specific focus on safe nighttime and bad weather driving) as well as adding primary law regulations for seat belt use by teens.

As a primary law, police officers may pull over a car for that violation alone without any other reason. The bill flew through the Pennsylvania General Assembly and Governor Tom Corbett is anticipated to sign it into action at some point during the next week. Another crucial step in the initiative to promote safety on the streets is a primary ban on texting while driving, which is also being discussed by Pennsylvania lawmakers.

If you or a loved one has been injured in a car accident in Pennsylvania that you believe was the result of distracted or dangerous driving, contact experienced auto accident lawyers for Lancaster PA today.

Can Tractor Rollover Risks Be Reduced?

Nathaniel Ehrlich — Tue, 11 Oct 2011 13:55:33 +0000

Tractor rollover accidents are among the leading causes of agricultural related deaths. Data suggests that as much as 80 percent of farm related injuries involve tractors, and much of that involves rollovers. Of course there are operational safety measures to reduce rollovers, like keeping speed down, turning slowly, avoiding turns while moving uphill, and not driving the vehicle until you have strong grasp over its function and controls. But the most effective safety precaution is using a system called a Rollover Protective Structure (ROPS).

The ROPS system is essentially a cage or frame on top of the tractor that shields the driver during a rollover. The structure’s frames are subject to extensive safety testing by the American Society of Agricultural Engineers, which ensures the ROPS will resist different impacts around the protected region surrounding the driver. Always look for certification on a ROPS unit, homemade devices are not sufficient and may further endanger drivers. In addition to the ROPS, tractor drivers should also always use seat belts or else he or she will not stay protected by the apparatus during a crash.

Old tractors should be retrofitted to use the ROPS system. Consult a local dealer for guidance on the process. Don’t let the cost deter you, there is a program in place that provides up to 70 percent of the investment to retrofit an old tractor. This includes purchase and installation with up to a $765 max rebate. This also incorporates charges for parts and shipping. If you’ve been injured in a tractor trailer accident, contact a qualified York, PA truck accident lawyer today.