Pennsylvania Personal Injury Blog

In July 2010 a Pennsylvania boat accident claimed the lives of two young Hungarian exchange students in Philadelphia and this week their federal wrongful death trial is set to begin. This accident occurred when the student's disabled tour boat was slammed into by a tug boat guided barge. Dozens of tourists were thrown off of their boat and into the Delaware River, where the two Hungarian students drowned. The families of these students have filed wrongful death lawsuits naming K-Sea Transportation of East Brunswick, NJ, which operated the tug boat guiding the barge; Ride the Ducks of Norcross, GA, which operated the tour boat; the city of Philadelphia, which owned the barge; and others. Before the trial can begin; however, a judge must decide whether a limit should be set on the financial liability of the two boat owners. According to news reports, the boat companies have cited an 1851 maritime law, which would cap their financial liability based on the value of their own vessels involved in the crash. If the judge upholds this request, it would cap any wrongful death recovery for the families of these two young innocent victims at only $1.8 million. This decision could set an important precedent in Pennsylvania because of the complexities of wrongful death claims in Maritime Law.  We will be closely watching this decision and trial as it continues to develop.

UPDATE: May 9, 2012: A settlement was reached in the Philly duck boat accident claims.  $15 million will be split between the families of the deceased students and an additional $2 million will be distributed amoung the surviving victims.

Source: New video shows fatal 2010 Philly duck boat crash; www.foxnews.com;  2 May 2012

After a motor vehicle accident or a slip and fall, it is very common for victims to suffer with post-traumatic arthritis. Symptoms of arthritis can set in when the trauma of an accident aggravates a pre-existing condition, causes asymptomatic arthritis to flare up, or develops following a surgery, fracture, or severe strain. According to the Centers for Disease Control and Prevention (CDC), approximately 50 million people are affected by arthritis in the United States and it is the leading cause of disability in our country.

Not only is arthritis an extremely painful and often debilitating condition, but a recent study released by the CDC in the journal Arthritis Care & Research shows that one third of arthritis patients over the age of 45 are also suffering with anxiety and/or depression. This can be very detrimental to their quality of life, particularly when the statistics show that only half of these patients have received treatment for their anxiety and/or depression.

Study researcher, Dr. Louise Murphy, states that "Given their high prevalence and the effective treatment options that are available, we suggest that all people with arthritis be screened for anxiety and depression."  At Marcus and Mack we could not agree more. We understand that an accident can be both physically and mentally traumatic. If you are suffering with pain, anxiety, or depression after an accident, make sure that you discuss these feelings with your doctor and actively seek out appropriate treatment options.

Source: Arthritis - Anxiety Twice As Common As Depression, www.medicalnewstoday.com, 30 April 2012

This week is National Work Zone Awareness Week. As construction season arrives in Pennsylvania, we want to remind motorists to drive safely in work zones. In 2011, there were over 1,800 motor vehicle accidents in work zones, resulting 21 fatalities.

In keeping with the theme of the week, "Don't Barrel Through Work Zones! Drive Smart to Arrive Alive", we wanted to take this opportunity to remind Pennsylvania motorists of some existing work zone laws:

1. All motorists are required to travel with their headlights turned on in all posted work zones.
2. Motorists caught driving 11 miles per hour or more above the posted speed limit in an active work zone, or who are involved in a crash in an active work zone and are convicted for failing to drive at a safe speed, automatically will lose their license for 15 days.
3. Fines for certain traffic violations - including speeding, driving under the influence, and failure to obey traffic devices - are doubled for active work zones.
4. The law provides for up to five years of additional jail time for individuals convicted of homicide by vehicle for a crash that occurred in an active work zone.

For more information and safety tips for travelling in work zones, please visit www.DriveSafePA.org.

Source: PennDOT News Release, PennDOT, Pennsylvania State Police Highlight Work-Zone Safety, 4 April 2012

As spring turns into summer and the weather continues to get warmer, farmers in Pennsylvania will be using rural roadways to move their large farm equipment. According to the Pennsylvania Department of Transportation (PennDOT), in 2010 there were 78 accidents in Pennsylvania involving farm equipment and five farmers were killed in these accidents. To help bring awareness to this issue and remind drivers to slow down, Jefferson County, PA commissioners have proclaimed this week "Rural Road Safety Week".

PennDOT urges drivers to slow down when they see large farm equipment on the roadways and use caution when passing. According to PennDOT District 10 safety press officer, Shawn Houck, "...agriculture is Pennsylvania's No.1 industry. We rely on these farmers each and every day to go out and farm the fields and produce products for Pennsylvania residents", so it is imperative that we give these farmers the respect that they deserve. It is also important to remember to use the same caution when coming across horses and buggies on Pennsylvania's rural roads. The key to staying safe is to exhibit some patience, slow down, and wait for a safe opportunity to pass the slower vehicle.

Source: Drivers Reminded To Slow Down For Farmers, www.wjactv.com, 18 April 2012