PA Law Blogs » Personal Injury Law

Distracted Driving—Changing Teen Driving Behaviors Through Role Play Exercises

Michael Monheit — Wed, 09 May 2012 15:25:48 +0000

As part of the national effort to raise awareness of the dangers of distracted driving Anapol Schwartz attorneys have gone to local high schools to talk with students. Armed with the EndDD.org presentation developed by the Casey Feldman Foundation and the researchers at Philadelphia’s Children’s Hospital’s Center for Injury Research and Prevention, the Anapol Schwartz attorneys have found that many of the teens have been driven by distracted drivers and have feared for their safety, but often have not felt comfortable enough to speak up for their safety.

“That is why it is so important to give the students the experience of learning how to ask a distracted driver to stop using the cell phone or eating or doing a myriad of other activities that take the hands off the wheel and the eyes off the road,” said Joel Feldman, a partner at Anapol Schwartz. “The role play exercise we use with the EndDD.org presentations involves having a teacher play the role of a distracted driver, and a student the front seat passenger whose mission is to try to get the driver to stop driving distracted. Students and faculty enjoy the exercise and have said that it empowers the student by teaching them how to speak up, what to say and that the experience of being afraid when being driven by a distracted driver is not unique, but shared by most of the students.”

What is Whiplash?

Michael Monheit — Mon, 07 May 2012 15:41:15 +0000

The term whiplash is often used to describe something that happens very suddenly. However, whiplash is more than that. Whiplash is an injury that occurs suddenly. Often whiplash happens in rear end car accidents when a driver or passenger in the front car is suddenly hit from behind. The collision can cause a person’s head to suddenly move backward than forward.

The result can be significant neck pain. The neck pain may be treated with rest and over the counter pain relief. Some patients may require prescription drugs and physical therapy. While many car accident victims will recover fully from whiplash injuries, others will suffer from chronic neck pain.

If you suffer neck pain after a Pennsylvania car accident then it is important to talk to your doctor about your possible injuries and treatment.

Pennsylvania Motor Vehicle Code Truck Underride Protection

Michael Monheit — Sun, 15 Apr 2012 18:06:27 +0000

For more than a decade, federal regulations have required trucks to have rear underride guards to prevent cars from going under a truck in a rear end collision. These regulations apply in Pennsylvania and around the country and are meant to protect car drivers and passengers from serious, potentially fatal, crashes.

In March 2011, the Insurance Institute for Highway Safety urged the federal government to strengthen underride regulations and require higher standards to prevent more accidents. In support of its recommendation the IIHS examined the Canadian underride guard regulations and found that their more stringent regulations resulted in better underride guards that performed better.

To date, the underride protection regulations in the United States have not changed and motorists remain at risk. Do you think the U.S. government should take action and require more stringent underride guards? Please leave a comment and share your thoughts.

UIM Auto Insurance Covers?

Michael Monheit — Sun, 01 Apr 2012 10:03:47 +0000

Underinsured motorist coverage, or UIM auto insurance, can be an important part of your car insurance plan. If you are hurt in an accident and the other driver does not have enough car insurance to cover all of your injuries and damages then UIM will require your own insurance company to pay the difference up to the amount of your injuries and damages. Without UIM, you may be stuck paying the difference on your own.

In order to collect UIM benefits from your insurance company then you must follow the proper procedures to make your claim. Failure to do so may prevent you from recovering money even if you paid for UIM coverage. Thus, it is important to start protecting your rights as soon as your accident occurs.

Truck, Trailer – Tractor Trailer Accidents on Pennsylvania Highways

Michael Monheit — Sat, 11 Feb 2012 17:06:55 +0000

It is hard to take even a short trip in Pennsylvania without seeing a truck. Shipping trucks on highways, 18 wheelers making deliveries on local streets and big rigs in parking lots can all create potentially dangerous situations for other drivers and their passengers.

How Dangerous are Semi Trucks on Highways?

A tractor trailer, or semi-truck, traveling at highway speeds can cause serious accidents. There are many potential causes of large truck accidents. For example, faulty breaks on semi trucks can cause a truck to lose control and collide with other vehicles. Additionally, a semi-truck that is improperly loaded, speeding, or that is driven by a tired or distracted driver can result in similar accidents. Regardless of the reason for the accident, the weight of the truck can make the force of a truck collision more significant than an accident between two passenger cars.

Truck, Trailer – Tractor Trailer Accidents Cause Injuries and Fatalities

If you have been hurt, or if you have lost a loved one, in a tractor trailer wreck then it is important to contact an experienced Pennsylvania truck accident lawyer who can answer your questions and help you understand your legal rights.

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.