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Text message sender is sued in distracted driving accident

Victims in distracted driving accident claim sender of text message enabled driver to be distracted

The victims of a distracted driving accident are making history in the lawsuit they have filed for damages.  A man and his wife who both lost their left legs when the motorcycle they were riding was struck by a driver who was texting are suing the sender of the text message as well as the driver.

The driver of the car that struck the New Jersey couple in Sept. 2009 pled guilty to using a hand-held cellphone while driving, careless driving, and failure to maintain a lane.  The man was sentenced to $775 in fines and was ordered to speak about the dangers of texting and driving at local high schools, according to the article in the New York Daily News.

The couple is seeking damage for medical costs related to their injuries.  […]

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Global Youth Traffic Safety Month Begins

Just Friday we presented information from a study that shows that teenage drivers are in denial that they will be the cause of a distracted driving accident. That may not be the case for all teens, however, and the National Organizations for Youth Safety (NOYS) is hoping to rally teen safety advocates to help spread the word to other teens to drive safely.

NOYS announced Tuesday the start of Global Youth Traffic Safety Month.  With a focus on a safe summer, the campaign is “targeting young drivers to commit to the safest summer ever to put an end to motor vehicle crashes.

According to the National Highway Traffic Safety Administration (NHTSA), drivers aged 15- to 20-years old are especially vulnerable to death and injury on U.S. roadways. In fact, traffic crashes are the leading cause of death for teenagers in America with approximately 5,000 teenagers killed every year.  […]

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PA Drivers: Keep Both Hands on the Wheel!

Studies on distracted driving seem to be dominating the news.  The Centers for Disease Control and Prevention (CDC) reports that 15 people die, and 1,200 more are injured, nationwide every day due to an accident caused by a distracted driver.  While cellphone use is the primary focus of distracted driving campaigns, a new study found that when a driver has just one hand on the steering wheel the risk of an accident increases.

In a study conducted using a driving simulator in Great Britain, researchers at the University of Leeds found that people who eat while driving have a reaction time that is 44 percent slower than those who have both hands on the wheel.  The report, “Two Hands are Better Than One,” also found that drivers who sip coffee while behind the wheel are 22 percent slower in their reaction speed and were 18 per cent more likely be unable to maintain a steady central lane position. […]

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Pennsylvania Graduated License Program Aimed at Saving Teen Lives

The National Highway Traffic Safety Administration (NHTSA) reports automobile accidents are the number one cause of death for teens. Last month we urged teenagers in Pennsylvania to focus on driving carefully and following the laws when taking to the local highways to help prevent other teens from becoming a statistic.  Last Thursday, the USA Today, also hoping to get the message out that teen drivers are at risk on America’s highways, published a special report entitled “Making Teen Driving Safer.”

Although the USA Today points out that nationwide deaths for 16- and 17-year-old drivers declined between 2007 and 2010, the special report hones in on the fact that every day, an average of 11 teenagers die in car crashes in the United States.  The teen driving section is, in part, sponsored by Allstate Insurance that is sponsoring the “Save11” campaign to encourage Congress to pass the STANDUP Act. […]

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Car Accident Round-Up – SC Car Crash Kills Four

Car caught fire, however coroner reports victims were killed upon impact

Four Die in Fiery South Carolina Car Crash
Four friends died in a fiery car crash around 5 a.m. last Wednesday morning in Columbia, South Carolina.  The four, who had been out celebrating a birthday, were traveling together in a Dodge Charger on George Rogers Boulevard when their car slammed into the Farm Bureau Insurance building at the Shop Road intersection.  The car became engulfed in flames, but the coroner reports the four died upon impact. The friends were in their early 20’s.  Police are continuing to investigate the accident, however, they believe speed and alcohol may have been contributing factors in the accident.

One Teen Dies, Four Injured in VA Accident
A five-car accident Monday afternoon near Rocky Mount, Virginia has claimed the life of a 17-year-old boy and left three other teens and an adult injured.  […]

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Munley Supports Ban on Cell Phones While Driving

Pennsylvania car accident attorney Caroline Munley today applauded a federal agency’s recommendation for the prohibition of cell phone use by drivers of all personal and commercial vehicles.

The National Transportation Safety Board (NTSB) recommended to the National Highway Traffic Safety Administration in December that all drivers be prohibited from using cell phones and other electronic devices behind the wheel.

The proposal grew from the NTSB’s investigation of a multi-vehicle collision in Missouri in 2010 that was caused by a pickup truck driver who was distracted by a text-messaging conversation. The wreck killed two and injured 38.

“We support the NTSB’s recommendation for a complete ban on cell phone use by drivers of all motor vehicles,” said Munley of the Pennsylvania personal injury firm of Munley, Munley & Cartwright, P.C., which represents victims of car crashes and truck accidents throughout the Northeast. […]

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Lawsuit Settled in HS Football Player’s Death

A 2006 lawsuit filed by the parents of a Henderson County, KY high school football player who died during practice has finally been settled.  Although the terms of the settlement are sealed, both parties said they were glad to put the dispute behind them.

The lawsuit claimed negligence against several school personnel and a doctor, but the suit dragged on while the insurance companies continued to argue over which one bore the most responsibility, according to Kentucky.com.

The 16-year-old football player died during practice on a hot, humid day in July.  The defendants claimed the teen died due to an underlying cardiac condition.

The father said his son’s death had played a part in changes to state law and athletic regulations that deal with heat.  While he said the settlement was a “bitter pill to swallow,” he also said that without filing the suit they would not have gotten the details surrounding their son’s death. […]

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New York Man Awarded $1.5 Million After Debilitating Auto Accident

A man who suffered “a permanent, significant physical limitation” as the result of a serious automobile accident on Route 104 in Ontario, New York, has been awarded over $1.5 million by a Monroe County Supreme Court jury.

The man was stopped at a stop light in 2009 when he was hit from behind by another vehicle.  He was diagnosed with acute lumbar spine injuries.  The defendant’s insurance company, State Farm Mutual Automobile Insurance Co., offered to settle the case for $5,000 and refused mediation or arbitration to settle the case, forcing the case into trial.

InsuranceNewsNet.com reports the man was awarded $1.25 million in past, present and future pain and suffering and loss of enjoyment of life, along with $321,250 in past and future medical expenses.

About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]

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Florida Supreme Court Upholds $10.3 Million Medical Malpractice Award

The widow of a man who suffered a heart attack and died when his Palms West Hospital doctor failed to give him the anti-clotting drug Retavase will receive the $10.3 million previously awarded, according to a ruling by the Florida Supreme Court this week.  The award amount was being disputed due to the $1 million medical malpractice cap put in place in Florida months after the man’s death.

The court referred to a decision rendered in July when it determined the award cap could not be applied retroactively.  The man died in 2003, however, the lawsuit was not filed until 2005.  The defense argued the time of lawsuit should be used and thus, the cap limits should apply.

The award amount had also been upheld by the Fourth District Court of Appeal in 2009 saying, “It is therefore well settled that retrospective laws are generally unjust.” […]

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CA Family Awarded $29.2 Million in Car Crash Lawsuit

Two children dead, one paralyzed in head-on car crash

The family of two children that died in November 2006 in a head-on collision on Highway 12 near Fairfield, California has been awarded $29.2 million by a Solano County jury.  The driver of an SUV crossed the center line and slammed into the oncoming passenger car leaving the two children dead, one child paralyzed from the waist down and the mother, and driver of the car, in the hospital for 2 months recovering from her injuries.

The driver of the SUV was traveling close to 80 MPH and attempted to pass two vehicles in a no-passing zone.  He was sentenced to 23 years in prison.  He was found 65% liable in the case, but due to his limited insurance coverage the state will pay the majority of the award.

The state was found 35% responsible in the case for unsafe conditions on the roadway. […]

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Oklahoma Mother Files $10 Million Wrongful Death Lawsuit Against Prison

The mother of a man from Tecumseh, Oklahoma has filed a $10 million lawsuit against a prison corporation and the state in the death of her son.

Her son and his wife were vacationing in New Mexico when they were killed by two prisoners who had escaped from an Arizona prison.  The lawsuit was filed against the company operating the private prison, Management & Training Corporation of Delaware, and claims the state failed to maintain the inmates and properly train the employees.

Losing a loved due to someone else’s negligence can be difficult to understand. When you are grieving, hurt and worried about the future, it is uncomfortable to talk about insurance claims, wrongful death settlements, and cash awards; however, if someone caused your loved one’s death you should seek the compensation you deserve. At Munley, Munley & Cartwright we represent individuals and families that have lost a loved one or been seriously injured due to the negligence of another. […]

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$3.5 Million Awarded In Wrongful Death Logging Truck Accident

Speeding truck with faulty brakes causes fatal trucking crash

A Chilton County, Alabama jury has awarded $3.5 million to the family of a man killed when the van he was driving was crushed between two logging trucks, reports the Montgomery Advertiser.

Ken Gorum Trucking and Gary Fruge, the driver of the logging truck, were held responsible for the accident and have been ordered to pay the award. The jury found Fruge was speeding, and the truck had defective brakes, when it crashed into the victim’s van.

The victim’s car was pushed into the logs on the truck in front of him, causing the logs to come through his windshield – one went through his head and killed him. Although the driver claims he was going only 45 miles per hour, evidence suggests he was traveling between 65 and 75 mph.

Progressive Insurance Co, […]

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Never Means Never Under New Policy Under Medicare

Editor: In this world of skyrocketing health-care costs and financial crises, some good news has finally come to the average American consumer and taxpayer.

Last week, Medicare changed its rules to withhold payment for certain “never events” — medical mistakes that should never occur, such as administering the wrong blood type or leaving an instrument inside a surgical patient. Medicare also says it won’t pay for serious bed sores, injuries from falls and urinary tract infections caused by catheters, among other things. Four state Medicaid programs, including Pennsylvania, as well as several of the nation’s largest health insurers, are following suit.

It’s about time. Unlike any other service we consume, we have been living — and dying — with a U.S. health-care system that rewards mistakes and profits by making patients sicker. Hospitals that fail to prevent deadly post-operative infections, turning three-day stays into three-month stays, […]

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Marion Munley in Philly for Seminar

Attorney Marion Munley is a featured speaker at the Lorman Education Services seminar, Trucking Litigation: Handling Various Issues Unique to Trucking in Pennsylvania today in Philadelphia.

Marion was chosen to lead the forum because of her expertise in trucking and commercial vehicle litigation. The purpose of the seminar is to educate attorneys, trucking industry officials, safety professionals and insurance representatives on the complex and changing issues surrounding catastrophic trucking cases.

Marion Munley is a partner here at Munley Law Personal Injury Attorneys. She is a graduate of Temple University School of Law, and is admitted to practice in the state and federal courts of Pennsylvania and New York. Munley is a Civil Trial Specialist, certified by the National Board of Trial Advocates, and is a named Diplomate of the National Board of Trial Advocacy. She is an active member of the American Association for Justice and serves on the Board of Governors for the Pennsylvania Association for Justice. […]

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Marion Munley at Gerry Spence Trail Lawyers College

Marion Munley will be spending the rest of the week in the great state of Wyoming. She, along with the rest of the teaching staff at Gerry Spence Trail Lawyers College, will be meeting with the one and only, Gerry Spence and his team, to learn his freshest techniques, in order to educate and inspire incoming classes of trial attorneys.

Marion is an alumnus of TLC. After graduation, she was invited onto the teaching staff and has taught nearly a dozen seminars at Spence’s Wyoming ranch and across the country. TLC is truly something else; it molds everyday trail lawyers into warriors of justice and enables its students to more successfully try cases on behalf of ordinary people- not insurance companies, banks, or big business.

The Gerry Spence Trial Lawyers College was founded as a not-for-profit institution dedicated to the preservation of justice and the protection of the jury-trial system through the education of legal professionals. […]

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HIPAA- A Barrier Between You & Your Medical Records?

Back in 1996, when the Health Insurance and Portability and Accountability Act (HIPAA) was signed into law, the intention of the law (especially Title IV) was to protect a patient’s right to privacy, reduce fraudulent activity, streamline data systems and improve the health insurance system overall.

For years prior to the law’s passage, there was no federal standard for obtaining your medical records. Without the patient’s knowledge, records were being given to insurance companies, sent to landfills or just flat-out lost. Alerted by highly publicized lapses in medical record confidentiality (a garbage truck crash that sent medical records flying all over the highways, a doctor selling a computer without deleting patient information from the hard drive, and the list went on and on), lawmakers decided a better system was needed. So the whole theory behind HIPAA regs are that your medical records are just that, yours, […]

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Panel Physicians and Workers Comp

So you got hurt at work and need to see a company doctor. Now what?

After you have given notice of your injury, your employer may require you to treat with one of their “panel physicians” through their insurance carrier. If your employer has a list of panel physicians or “company doctors,” you will be required to treat with one of the doctors on the list for the first 90 days of your injury.

Under the Workers’ Compensation Act, your employer is required to advise you of their list of panel physicians at the time of your hire and also at the time of your injury. They are also required to have you sign an acknowledgement that you are aware this policy and provide you with the list upon your injury.

If for some reason you do not like the doctor that you have chosen, […]

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Follow the Golden Rule . . . Give Notice As Soon As Possible

If you are hurt at work, the most important thing to remember is to report the injury to your employer through your supervisor at the time of the injury. Every injury should be reported, no matter how small you may think it to be. Any injury could potentially become a liability, not only to your health but also to your finances if it is unreported. Telling your employer that you are injured is your responsibility and it is called “giving notice.”

Too many times an employee will feel a “pop” in their knee, a pain in their shoulder or their back, and let it go for days or weeks. Not reporting an incident or injury can allow your employer to deny your claim through their insurance carrier. This can initially prevent your medical expenses and/or wage loss from being paid if the treating physician should later remove you from work due to the injury. […]