Litigation

More information about Litigation

PA Legislator to Propose Cellphone Ban

This month we reported that law enforcement have been challenged when enforcing Pennsylvania’s anti-texting law.  Since the law allows for talking on the cellphone, drivers can deny they were texting if pulled over and say they were calling someone.  At least one Pennsylvania legislator wants to do something about it and is proposing a ban on all cellphone use behind the wheel.

The Pocono Record reports House Appropriations Minority Chairman Rep. Joseph Markosek, D-Allegheny plans to introduce the new regulations in the fall. Although the bill has not yet been circulated for co-sponsorship, Markosek believes it has support within the Democratic caucus.

The ban, that will result in a fine of $50, or $100 if driving in a school zone, work zone or highway safety corridor, is being introduced to help police enforce the current ban on texting while driving.

The Pocono Record references the Pennsylvania Department of Transportation statistics that estimate 58 deaths and more than 14,000 distracted-driving car crashes occurred in 2011. […]

More information about Litigation

One in Five Violation Rate Not Acceptable, Pennsylvania Truck Accident Lawyer Says

Scranton, PA, September 08, 2012 — Truck accident attorney Marion Munley said today that national inspections of 74,072 trucks and buses that resulted in one-fifth of the vehicles being removed from the road should raise concerns for the sponsoring Commercial Vehicle Safety Alliance (CVSA).

The CVSA said in a recent news release that its 25th Annual Roadcheck, a commercial motor vehicle (CMV) safety enforcement and outreach event, inspected a record number of trucks and buses.

The organization said 22.4 percent of CMVs and 3.9 percent of drivers were placed out of service, or removed from the road, after the inspections. The CVSA said those vehicle and driver OOS rates represented the second-lowest in the program’s history.

Munley, a nationally recognized Pennsylvania truck accident lawyer with the Scranton personal injury firm of Munley Law, said those numbers were still too high.

“It’s certainly a concern when one in five of the tractor-trailers and other big-rig trucks that trucking companies continue to put on the road are in such poor shape that they should be removed from the road before they cause an accident,” she said. […]

More information about Litigation

AT&T Calls on All Drivers to Take its Never Text and Drive Pledge

AT&T stresses danger of distracted driving with its anti-texting while driving campaign

As Labor Day weekend comes to a close, so too does the state’s Drive Sober or Get Pulled Over campaign.  However, the Pennsylvania State Police is on the lookout for drunk drivers 365-days-a-year.  The police are also focused on stopping distracted drivers from taking to the PA highways.  Now, AT&T is helping all law enforcement by raising the bar on its anti-texting campaign.  AT&T is warning of the serious dangers caused by texting and driving and is urging all drivers to take its “Never Text and Drive” pledge.

AT&T’s message is simple: “When it comes to texting and driving, it can wait.” On its website, AT&T presents the pledge as follows:

No text message, email, website or video is worth the risk of endangering my life or the lives of others on the road. […]

More information about Litigation

Pennsylvania Drivers Urged to be Aware of Information Exchanged After a Car Accident

Our Pennsylvania car accident attorneys encourage all drivers to do the right thing after a car accident: stop, assist others involved, call the police, exchange information with others, and contact your doctor.  All of these are key steps to help minimize the stresses associated with being in a car crash and to help ensure that all legal processes are completed.

However, according to the National Association of Insurance Commissioners (NAIC) while it is important that anyone that has been in an accident shares appropriate information, it is critical that they not share too much information and risk putting themselves in jeopardy of identity theft.

The NAIC, the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators in the U.S., reports identity theft is one of the fastest-growing crimes in the U.S. Federal statistics estimate nearly 9 million Americans have their identities stolen each year. […]

More information about Litigation

Pennsylvania Drunk Drivers Target of Police Crackdown

The National Highway Traffic Safety Administration is once again getting the message out to Americans to “Drive Sober or Get Pulled Over.” Pennsylvania State Police and law enforcement agencies across the country are joining in the latest campaign, that runs through Labor Day, in an effort to get impaired drivers off roads.

According to the National Highway Traffic Safety Administration’s 2010 State Motor Vehicle Fatalities statistics, there were 10,228 alcohol-impaired-driving fatalities nationwide in 2010. Pennsylvania saw 433 alcohol-related highway deaths in 2010.  These deaths represented 24 percent of the 1,324 fatal accidents in the state that year.  Pennsylvania Department of Transportation reports preliminary data shows there were 428 alcohol-related accident fatalities and approximately 11,700 alcohol-related crashes statewide in 2011.

In a ceremony in Berks County where officials unveiled a memorial for victims of DUI accidents, Trooper Ethan Brownback said, “We’re having checkpoints all over the county, […]

More information about Litigation

Pennsylvania Car Accident Lawyer Warns that Higher Unemployment Could Mean Fewer Insured Drivers

Scranton, PA, August 18, 2012 — An uptick in the number of people in Scranton/Wilkes-Barre who are out of work could heighten the risk for those behind the wheel, says Pennsylvania car accident attorney Caroline Munley.

This summer, the unemployment rate for the Scranton/Wilkes-Barre metropolitan area broke the nine percent mark for the first time since September 2011, according to the Scranton Times-Tribune. That was a full percentage point above the national average and two points above the rate for Pennsylvania as a whole.

“Unfortunately, when people lose their jobs, one thing they may do to cut costs is to cancel or reduce their car insurance,” said Munley, managing partner of the nationally recognized Pennsylvania personal injury firm of Munley Law, which has its headquarters in Scranton and offices across the state.

The law firm represents car accident victims in Pennsylvania and across the Northeast in matters that often involve car insurance issues. […]

More information about Litigation

Tire Blowout Injures Seven in Pennsylvania Car Accident

A two-vehicle crash last week on the Northeast Extension of the turnpike in Moosic, PA, resulted in injuries to seven people and left traffic tied up for more than an hour. A woman was driving in the left northbound lane of Interstate 476 near mile marker 119, when the car’s rear driver’s side tire blew out, according to news reports.

The driver lost control of the vehicle and it traveled into the right lane where it struck the rear of a minivan carrying seven occupants. The minivan rolled onto the passenger side and came to rest on a concrete barrier.  Police cited tire failure as the cause of the accident, and no charges were filed in the accident.

TireSafety.com, a website dedicated to educating the public about proper tire maintenance sponsored by Bridgestone, reports that under inflation is the leading cause of tire failure. […]

More information about Litigation

Triple Fatal Accident Serves as a Reminder to Pennsylvania Drivers of the Dangers of Drowsy Driving

An early morning accident on Saturday left three people dead and two others seriously injured after the driver apparently fell asleep behind the wheel.  The single-car crash occurred around 2:15 a.m. on I-81 north near Butler Township after the car traveled across the grass median and slammed into the concrete bridge support beam.

The National Highway Traffic Safety Administration (NHTSA) reports that drowsy driving accidents cause more than 100,000 crashes a year, resulting in 40,000 injuries and approximately 1,550 deaths.  However, the NHTSA believes these numbers are actually much higher due to underreported drowsy driving accidents.

One of the leading causes of drowsy driving is shift work.  With irregular hours, long shifts, and disrupted sleep patterns, the NHTSA reports shift workers run a particularly high risk of drowsy driving crashes.

However, anyone that is sleep deprived is a danger on the highway.  […]

More information about Litigation

Lightning Strike at Pennsylvania Racetrack Raises Concern of Spectator Safety

As severe thunderstorms rolled through the area on Sunday, 85,000 fans were sitting in stands and in the infield at the Pocono Raceway watching the Pennsylvania 400 NASCAR race.  For the safety of the drivers and the fans, the race was called off, but it was too late – two lightning strikes hit 10 spectators.

According to WNEP, the Monroe County EMA alert system issued a severe thunderstorm warning for the area at 4:12 p.m. NASCAR stopped the race at 4:54 p.m. The first lightning strike was shortly after 5 p.m., killing one man and injuring eight others. The second strike was reported at 6:35 p.m., injuring one person.

Officials with the Pocono Raceway and NASCAR are investigating the hour leading up to the tragedy.  While the racetrack officials contend warnings were issued, some of the attendees are disputing that claim.  Philly.com reports some attendees said there were no audible warnings given to spectators during the closing stages of the race. […]

More information about Litigation

PA Drivers Should Call 911 to Report Dangerous Texting Drivers

Our Pennsylvania car accident attorneys have continued to provide information to educate drivers of the dangers of texting while driving.  The National Safety Council (NSC) reports that nationwide almost 25 percent of car crashes involve cell phone use and nearly 1.3 million crashes each year can be attributed to cell phone usage while driving. If you are a focused, defensive driver, however, the USA Today reports that you should get away from distracted drivers to help prevent yourself from becoming one of these statistics.

According to the USA Today, police not only recommend distancing yourself from the offensive drivers, but also suggest calling 911 if you believe the drivers are a danger to others.  Auburn Police Division Capt. Tom Stofer told USA Today that drivers should give a wide berth to texting drivers — and to call 911 in the worst cases.

“If I was a citizen and if I saw an extreme case, […]

More information about Litigation

CPSC Sues Buckyballs Maker to Pull the Dangerous Toys From the Market

We have reported on the warnings issued by both the U.S. Consumer Product Safety Commission (CPSC) and by health advocates in the UK regarding children ingesting Buckyballs, a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.

When multiple magnets are swallowed, they often adhere through the intestines or bowel causing obstructions and/or tears in the intestinal lining.  Immediate surgery is necessary to prevent further damage and to remove the magnets and repair the damage.

Since the CPSC issued the warning in November, however, it has received over one dozen reports of children ingesting the magnets, many of which required surgical intervention. Now, the CPSC has filed an administrative complaint against Maxfield & Oberton Holdings LLC, the toymakers, “alleging that Buckyballs and Buckycubes contain a defect in the design, packaging, warnings, and instructions, which pose a substantial risk of injury to the public.”

While Maxfield & […]

More information about Litigation

Deadly Pennyslvania Accident Serves as a Reminder of the Importance of Seatbelts

A deadly car accident in Wells Tannery last month serves as a reminder that seatbelts are not an inconvenience – they can be lifesavers.  Two teens died and two were seriously injured when the driver of their car apparently lost control sending the vehicle off the roadway and into several trees.  Sadly, none of the four occupants were wearing a seatbelt.

The National Highway Traffic Safety Administration (NHTSA) estimates that while the use of seatbelts saved 356 lives in Pennsylvania in 2010, another 136 could have been saved if all of the people had buckled up. The NHTSA reports that 868 people (aged 5 and over) died in PA accidents in 2010. Of those, 273 were properly restrained, whereas 505 did not have their seatbelts on at the time of the crash.

JustDrivePA.org maintains key educational material on its website related to seatbelt usage. […]

More information about Litigation

Pennsylvania Drivers Asked to be On the Lookout for Joggers

Running is one of the most popular forms of exercise among Americans. In fact, according to Running USA, there are over 35 million recreational runners in the United States.  Although there are numerous health benefits to running including, weight loss, improved cardiovascular health, natural stress relief and increased strength, runners also risk serious injuries from being struck by a vehicle.

Just this month, a 20-year-old woman was jogging in Blooming Grove, just 35 miles east of Scranton, when she was struck and killed by a car, according to news reports.  The driver apparently intentionally ran his vehicle onto the shoulder of the highway and struck and killed the woman as she jogged on Route 507. Although this was an extreme case, it does serve as an example of the dangers Pennsylvania runners face when running on the roadways and highways.

Runners and pedestrians face the same risks when around traffic – distracted drivers, […]

More information about Litigation

PennDOT Offers PA Residents Key Safety Resources

Although you may have heard of the Pennsylvania Department of Transportation (PennDOT) in regards to road construction projects throughout the state, PennDOT is also tasked with keeping the Pennsylvania roadways safe through various programs and campaigns.  As part of National Distracted Driving Awareness Month in April, PennDOT launched “Just Drive PA,” a new initiative aimed at improving safety on Pennsylvania roadways.

According to a PennDOT notice:

The ‘Just Drive’ slogan reinforces that distractions, driving impaired and other unsafe driving behaviors have no place on our roadways.” said PennDOT Secretary Barry J. Schoch. It reinforces the need to drive properly, wear seat belts, look out for other travelers and always avoid distractions. Remember “when you’re behind the wheel, your biggest and only responsibility is to focus on safe driving.

The Just Drive PA website, www.justdrivepa.com, features a “Distracted Driving” […]

More information about Litigation

PA Drivers Have Opportunity to Participate in PennDOT Survey

Our Pennsylvania car accident attorneys have continuously urged PA drivers to drive safely when on our highways.  We also strive to present articles regarding safety initiatives and campaigns aimed at improving highway safety.  Now, Pennsylvania residents have the opportunity to be heard regarding the efficacy of the state’s traffic safety enforcement and their peers’ driving behaviors.

PennDOT has published its Highway Safety Planning Survey online at www.JustDrivePA.com.  The survey questions focus on several key safety initiatives: seat belt use, impaired driving, speeding, motorcycles, distracted driving.  Each state is required to complete this survey by the National Highway Traffic Safety Administration.

Residents have until July 27 to complete their feedback.  The survey is anonymous, although information is maintained on gender and zip code of residence.

Palmer-Forks Patch reports that more than 3,500 people responded to last year’s survey.

According to PennDOT’s website, […]

More information about Litigation

The IIHS Suggests Toughening Up Pennsylvania’s Graduated License Program

Pennsylvania’s graduated licensing (GDL) program has been identified by the Insurance Institute for Highway Safety (IIHS) as one of the best GDL programs in the nation.  In a recent study, the IIHS honed in on five components of GDL’s that can improve safety among teen drivers.  Although PA meets many of the requirements, there is still room for improvement.

In March, we offered detailed information about the GDL after the USA Today did a featured story on teen driving.  In 2010, Governor Tom Corbett tightened the restrictions for teen drivers by enhancing the GDL.  However, the IIHS believes that by adding even stricter requirements in Pennsylvania, the state could see a 27% reduction in teen accidents.

In 2010, there were 27,149 crashes involving drivers between the ages of 16 and 20.  There were 57 car crash deaths in accidents in 2010 that involved a 16- or 17-year-old driver. […]

More information about Litigation

Parents Urged to Keep Laundry Pods Away from Children

Once again, manufacturers of a product intended for use by adults have packaged a product in a way that appeals to children, leading to injury. We previously reported on Buckyballs, an adult stress-relieving toy that is made of small magnets, that appeals to young children who swallow the magnets, requiring surgery.  Now, ABC News reports that children are mistaking the new single-dose laundry detergent packets, such as Tide Pods, for candy.

An 18-month-old child had to be rushed to the emergency room with severe nausea, vomiting and diarrhea after he swallowed a pod believing it to be candy.  Five months later, according to ABC News, nearly 1,200 children have been treated for swallowing laundry detergent, and eleven of them are critically ill on ventilators.  The new laundry packets were first introduced in February.

The American Association of Poison Control Centers (AAPCC) issued a warning on May 17 “urging the public, […]

More information about Litigation

Pennsylvania Drivers Urged to Read DOT’s Blueprint for Ending Distracted Driving

Our Pennsylvania truck accident attorneys have continually stressed the dangers and the tragedy of distracted driving.  Just last month we presented information about a young teen who is now serving jail time due to a distracted driving accident that resulted in the death of a 55-year-old man.  For some, unfortunately, a serious jolt such as an accident is what it takes to wake them up to the dangers of distracted driving.

However, Transportation Secretary Ray LaHood, who has been steadfast in his battle to end distracted driving in the United States, hopes to end accidents caused by distracted drivers.  Now, under his direction, the U.S. Department of Transportation (DOT) has launched its Blueprint for Ending Distracted Driving.

The blueprint, according to LaHood’s blog, Fast Lane, “is putting critical safety information into the hands of those who can make the biggest difference. Parents, teens, driving instructors, […]

More information about Litigation

Pennsylvania Accident Victims Should Request a Copy of Their Vehicle Accident Report

Earlier this month our PA truck accident lawyers offered some information regarding vehicle accident investigations.  However, we did not include information on the crash report and what happens with all the information that is compiled – and how you can access that information.   Below we explain the importance of a Pennsylvania crash report.

The Pennsylvania State Police, along with the state’s nearly 1,300 local municipal police departments, have a duty to investigate each traffic accident that occurs on the Pennsylvania roadways.  That is no easy task with over 120,000 miles of roads and highways in the state.  According to the 2010 Pennsylvania Crash Facts and Statistics, in 2010, PA police investigated 121,312 traffic crashes.  Of those accidents, 1,324 people died and 87,949 were injured.

When police come upon accidents the scene is often chaotic.   The police must first make sure all of the accident victims are properly attended to and then they need to redirect traffic.  […]

More information about Litigation

Facebook and Twitter to be Offered as Features in New Cars

Earlier this year U.S. automakers unveiled their latest features, including improved airbags and seatbelts, focused on saving lives and preventing serious injury in automobile accidents.  These features were applauded by safety advocates for helping to keep car occupants safe on America’s highways. However, as carmakers unveil their latest Internet-based features, safety advocates fear automakers are contributing to the distracted driving epidemic.

According to the New York Times, automakers are planning on offering high-tech features in some of their 2013 models allowing drivers to stay ‘wired’ while in the car, without accessing their smartphones.  Some of the apps that will be offered by Mercedes-Benz, Acura, Honda, Lexus, and Subaru, among other automakers, include GPS, Pandora streaming music, movie ticket ordering and even restaurant reviews from Yelp.  However the carmakers aren’t stopping there.  Some of the dealers will be offering access to social media sites, such as Facebook and Twitter.  […]