Pennsylvania Personal Injury Blog

Controversy surrounds speed and red light cameras

2013-05-15T12:37:03Z

Pennsylvania, like the majority of states, allows for the installation of speed and red light cameras on its highways and surface streets. However, the controversy surrounding these devices has prompted several states to prohibit their use. Though their purpose is to reduce the number of preventable car accidents that occur due to negligent and reckless driving, evidence suggests that installing these cameras may actually inspire accident rates to increase.

In addition, these cameras are increasingly being criticized for financial reasons. Tickets generated from violators can bring in millions of dollars annually at busy intersections. On the flip side, cameras installed at less crowded intersections can cost taxpayers a substantial sum that never pays for itself. Finally, critics warn that the financial benefits of installing these cameras are causing corruption and inaccurate tickets to be written.

]]> Protecting the public from negligent and reckless drivers is a worthy cause. But are Pennsylvania’s speed and red light cameras accomplishing this goal? The number of bills being introduced nationwide related to photo enforcement suggests that perhaps they are not. During the first three months of 2013, 66 bills were introduced in state houses across the country calling into question the accuracy and general virtues of these devices.

When reexamining the role of speed and red light cameras in maintaining public safety, one must confront issues of accuracy, privacy, financial gain and potential corruption. It is critical that the public be protected from negligent and reckless drivers. But the methods used to achieve this worthy goal must not cost more than they are effectively worth.

Source: New York Times, “Traffic Cameras Draw More Scrutiny by States,” Emmarie Heutteman, Apr. 1, 2013

Improving bicycle safety, one summit at a time

2013-05-09T13:53:04Z

Over the past few weeks, federal Secretary of Transportation Ray LaHood hosted two separate summits on cycling safety in America. He chose two distinct cities as sites for the summits, primarily because both Tampa and Minneapolis have active cycling communities and high rates of bicycle accidents. By targeting these cities for change, LaHood hopes to create models for cycling safety that other cities and states can learn from.

Pennsylvania’s cyclists benefit from vast expanses of beautiful roads, scenic trails and bustling streets. The cycling culture here is every bit as engaging and dynamic as the communities of Tampa and Minneapolis. Tragically, cyclists in Pennsylvania also suffer from high rates of bicycle accidents. So, what can the recent summits teach Pennsylvania as well as the rest of the nation?

]]> Essentially, the summits stressed the twin necessities of cyclist education and driver education. Failure to focus on one population at the expense of the other leads to an increase in accident rates. Both motorists and cyclists must respect both each other and the rules of the road in order to keep everyone safe.

In addition, new initiatives were unveiled and discussed at each summit. Tampa will be launching a bike share program in the fall and will be prioritizing additional bike lane and trail construction in the next budget cycle. Minneapolis is contemplating the construction of bike boulevards in the center of major streets.

It seems that a combination of educational outreach and infrastructure changes will best serve the safety of the cycling population nationwide. Hopefully some of these initiatives will spread beyond Florida and the Midwest directly to our own Pennsylvania streets.

Source: Minnesota Public Radio, “Bicycle safety: Minnesota's efforts held up as model for US,” Elizabeth Dunbar, Apr. 29, 2013

When more than two seconds is too long

2013-04-29T02:01:20Z

Nearly all Americans now understand that engaging in distracted driving behavior is inadvisable. But not every American understands just how easy it is to cause motor vehicle accidents as a result of this behavior. According to recent studies, a motorist's chance of being involved in an accident increases exponentially after his or her eyes have been taken off the road for three seconds or longer. In essence, drivers can only remain distracted for two second bursts or shorter with any kind of safety.

As a result of this fact, federal regulators are contemplating changes to motor vehicle manufacture which would encourage the installation of devices designed to focus drivers on the task at hand. These on-board devices would be required to meet minimum standards for distraction, including a litmus test that their use would require drivers to take their hands off the wheel or eyes from the road for no longer than the critical time period of two seconds at a time.

]]> These voluntary guidelines would apply to all on-board electronic devices that require visual or tactile engagement from drivers. Examples could include GPS devices, music players and climate control screens. By encouraging manufacturers to take the two-second rule under serious consideration, federal regulators could help to ensure that the rate of accidents caused by distracted driving annually drops significantly.

Before you turn the key in your ignition the next time you are in your vehicle, close your eyes and count out the duration of two seconds. It is not a long time at all. Please consider that you cannot safely take your eyes off the road for any period longer than this should you become tempted by anything distracting while you are driving.

Source: CNN, "'Two second' safety guideline for cars of the future," Mike M. Ahlers, Apr. 24, 2013

NHTSA contemplates the safety of families and elderly drivers

2013-04-22T00:46:34Z

The concept of safety is relative to any given situation. Individuals do not need to be protected in the same ways if they are at risk for drowning in the ocean as they would be if they were at risk of drowning in a swimming pool. Certainly, both situations require that concerned persons be educated about first aid and watch vulnerable swimmers closely. However, the unique environments of a deep swimming pool and an ocean with six foot waves require different safety-conscious training for affected lifeguards.

Similarly, different populations require varied safety focuses when it comes to the prevention of motor vehicle accidents and related injury in the event that accidents do occur. For example, infants require specialized seats in order to be protected from injury, while handicapped persons may require a host of vehicular modifications in order to keep them safe behind the wheel.

]]> The National Highway Traffic Safety Administration (NHTSA) is taking some of the unique safety concerns affecting both families and elderly drivers into consideration. In particular, it is contemplating the creation of specialized safety ratings for vehicles based on the populations seeking to drive them.

For example, when drivers become elderly, a great many suffer from decreased eyesight capacity. Therefore, a vehicle that boasts a highly visible dashboard with bold fonts and numbers that are easy to read may receive a higher safety rating for elderly drivers specifically than a vehicle sporting a stylish but harder to read dash would. Additionally, family-related safety ratings would focus greatly on the safety of a given vehicle's back seat.

The NHTSA would need approximately three years to roll out these new safety focus overhauls. However, safety ratings which better inform vulnerable populations may be well worth the wait and effort required.

Source: The Washington Post, "NHTSA Proposes Older Driver, Family Vehicle Safety Ratings," Suzanne Kane, Apr. 9, 2013

April is Distracted Driving Awareness Month

2013-04-19T18:38:01Z

April is National Distracted Driving Awareness Month. Most drivers have become increasingly aware of the dangers of using their cell phones while driving, especially with the majority of states enacting laws banning texting and/or hand held cell phone use while driving. Distracted driving is more than just texting while driving, though. It encompasses all distractions including manual: taking your hands off of the wheel, visual: taking your eyes off of the road, and cognitive: taking your mind off of driving. Texting while driving is by far the most dangerous type of distracted driving, however, since it requires manual, visual, and cognitive attention.

This month, we encourage all drivers to avoid distractions as much as possible while driving. Distracted driving not only endangers you, but also puts your passengers, other drivers, and bystanders at risk. In 2011, 3,331 people were killed and another 387,000 people were injured in motor vehicle accidents involving a distracted driver.

The following tips can help you to avoid the dangers of distracted driving:

Turn off your cell phone before getting into the car.
Pull over if you need to make a phone call.
Check driving directions before leaving for your destination and pull over if you need to check a map or GPS.
Wait to fix your hair or apply makeup until you are done driving.
Secure your pets.
Pull over to take care of any situations with children in the car.
Refrain from smoking, eating, drinking, changing music, reading and other activities that take your mind and eyes off of the road.

For more information on distracted driving and raising awareness of this serious safety issue, visit distraction.gov.

Teens, your dashboards may soon be watching you

2013-04-12T15:39:45Z

In recent years, the media has focused substantial attention on the subject of teen driving safety. Teens are at a greater risk of being involved in devastating car accidents during their first years behind the wheel than at any other time in their driving careers. Many different approaches have been embraced by both parents and lawmakers in order to help ensure the safety of young, novice drivers. Now, a new tool may soon be employed in order to keep teens safe behind the wheel.

A new dashboard camera program is being installed by the first group of parents ever to try it out. The cameras are meant to inspire teens to drive more safely and to give teen drivers feedback on how they can do so. As an added bonus, some parents have expressed that these new cameras are allowing them to remain calmer about allowing their teens to drive alone.

]]> Tragically, motor vehicle accidents cause more deaths among American teens than any other everyday hazard, disease or injury. In addition, teen motor vehicle accident fatality rates have spiked in recent years in part due to the prevalence of distracted driving behavior among members of this age group. Dashboard cameras attempt to inspire teens to avoid this potentially deadly behavior.

Parents cannot be in the car with their teens at all times, nor should they. Teens need to learn how to drive safely while traveling solo. However, tools like dashboard cameras and apps that alert parents to speeding and other reckless driving habits can help parents monitor their teens' driving behavior and reinforce the importance of making safe choices behind the wheel.

Source: CBS New York, "New Technology Could Help Teens Stay Safe Behind The Wheel," Apr. 4, 2013

Bedford County fatality-to-crash ratio continues to increase

2013-04-05T17:20:04Z

This week the Pennsylvania Department of Transportation (PennDOT) released their annual highway crash statistics for 2012. According to the report, the number of motor vehicle accidents on Pennsylvania roadways has decreased overall, but crash fatalities have seen an increase from 1286 traffic fatalities in 2011 to 1310 in 2012.

These statistics also show an alarming local trend. According to the report, Bedford County has a fatality-to-crash ratio that is almost double that of its neighboring counties. In Bedford County last year there were 17 deaths in 670 crashes, which indicate that if you are involved in an accident in Bedford County, the chance that it will result in a fatality is approximately 2.5%, while if you are involved in an accident in Blair or Cambria Counties your fatality risk drops to only 1.3%. Bedford County has also seen a gradual increase in their fatality-to-crash ratio, while other local counties have seen declines.

The reasons for these disparities remain unclear; however, police, emergency officials, and PennDOT representatives have offered some possible explanations and suggestions on how to reverse this trend.

Some possible reasons for Bedford County's higher motor vehicle accident fatality rates include heavily trafficked highways, mountainous topography, inclement weather conditions, or rural driving habits. While all of these contribute to the problem, officials stress that the one variable that can easily be changed to reduce fatal car accidents in Bedford County is increased seat belt use.

According to statistics, rural drivers tend to ignore seat belt laws and decreased seat belt use directly correlates with increased crash fatalities. Many rural drivers think that country roads are less dangerous, so they don't need to wear a seat belt or that they are only driving a short distance, so there is no need to buckle up. A less visible police presence in rural areas can also contribute to a more relaxed attitude about obeying seat belt laws.

Source: Bedford's high fatal rate unclear, Altoona Mirror, 03 April 2013.

Auto safety recalls: There's an app for that

2013-04-03T15:58:40Z

Americans are increasingly obtaining information on virtually every conceivable subject from portable electronic devices. In fact, we have become so dependant on portable access to the Internet, apps and other electronic programs that many of us even try to access these tools while driving. As a result, distracted driving has become a leading cause of motor vehicle accidents in the United States. However, apps and web access can both be a danger behind the wheel and a valuable accident prevention tool when used while not in vehicular motion.

Last month, the National Highway Traffic Safety Administration (NHTSA) released an app for Apple users entitled SaferCar. An Android version of this app is still under construction but will be available as soon as possible. This app will allow motorists to access valuable motor vehicle safety information at the touch of a screen.

]]> Specifically, the app will allow motorists to obtain proper child seat installation instructions, research vehicle safety ratings and search a database for recall information related to vehicles and their parts. Relevant auto recall information will be sent via alert and motorists can file safety complaints via this application.

NHTSA chief David Strickland explained the importance of the app recently when he noted that "Timely, accurate, and accessible safety data is the lifeblood of our agency's work. The new SaferCar app literally puts the latest in vehicle safety information directly in the hands of consumers so they can make the appropriate purchasing and other decisions for themselves and their families."

Individuals without access to iPads and iPhones can access much of this information on the NHTSA's SaferCar website. Just avoid doing so while you are driving. This information is critical, but it can only be safely obtained while your eyes and mind are off the road.

Source: USA Today, "Feds offer car safety app for recalls, ratings," Jayne O'Donnell, Mar. 21, 2013

Federal Energy Secretary nominee supports fracking?

2013-03-24T19:30:51Z

Most Pennsylvania residents understand that the hydrofracking process used to extract natural gas from the earth can be hazardous to humans. Not only do the workers that engage in Marcellus Shale drilling find themselves at risk for chemical exposure, anyone drinking tainted groundwater, facing property damage from drilling and residents threatened with drilling explosions can become victims of negligent and inherently dangerous fracking practices.

This reality is inspiring real concern about the preferences expressed by President Obama's nominee for Energy Secretary. Ernest Moniz has indicated that he supports hydrofracking as a potential avenue for gaining energy independence and furthering the goals of clean energy. Certainly, the natural gas industry is creating jobs at home and is helping to support some measure of energy independence. But the subject of fracking should not be approached lightly or without due consideration for the potentially injurious impact it has upon both people and property.

]]> Moniz recently voiced support for fracking partially due to "the large amounts of natural gas available in the U.S. at moderate cost." He is particularly interested in the ability of natural gas to replace dependency on coal. The goal in such a shift would be lower carbon emissions nationwide. However, the cost of wrongful death, chemical exposure and catastrophic injuries caused by hydrofracking must be factored into the equation and weighed heavily against support for an under-regulated fracking industry.

Hopefully congressional leadership will explore Moniz's views on fracking during his confirmation hearings and will insist upon proper protections before confirming a pro-fracking nominee.

Source: The Washington Post, "Is fracking a 'bridge' to a clean-energy future? Ernest Moniz thinks so," Brad Plumer, March 4, 2013

Traumatic Brain Injury Awareness and Prevention

2013-03-21T18:07:28Z

March is brain injury awareness month. Each year in the United States approximately 1.7 million people, including 475,000 children, sustain a traumatic brain injury (TBI). A TBI is caused by a bump, blow, or jolt to the head or a penetrating head injury that disrupts the normal functions of the brain. These types of injuries can range from mild to severe or even fatal and symptoms can vary dramatically from person to person. Often, a traumatic brain injury may go untreated because a person may not have any visible physical injuries, but may be suffering with cognitive, emotional, and/or elusive physical symptoms such as headaches, dizziness, nausea, and sensitivity to light.

Falls and motor vehicle accidents are leading causes of traumatic brain injuries. The youngest children and older adults are at the highest risk for sustaining fall-related TBIs and adolescents and young adults have the highest rates of motor vehicle-related TBIs.

If you are suffering from physical, cognitive or psychological symptoms following a motor vehicle accident, a fall, a sports-related injury, or other blow to the head it is important to seek medical attention immediately. Patient outcomes are greatly improved with early diagnosis and management of a traumatic brain injury.

There are also many ways to help reduce the chances of sustaining a TBI, including:

Buckling your child in a car with the appropriate seat for their age, height and weight.
Always wearing your seat belt.
Never driving under the influence of drugs or alcohol.
Wearing helmets when riding a motorcycle, bicycle, ATV, or participating in sports.
Making living areas as safe as possible for children and seniors.

Source: Injury Prevention & Control: Traumatic Brain Injury, Centers for Disease Control and Prevention, www.cdc.gov

Pregnant women should always fasten their safety belts

2013-03-20T15:55:19Z

Pregnancy can be a uniquely uncomfortable experience at times. Trying to sleep, to sit at a desk all day and to get behind the wheel of a vehicle can be especially challenging in later months. However, a new study indicates that despite discomfort in doing so, expectant mothers should always fasten their seatbelts. Failure to do so will most likely cause more harm than good in the event of motor vehicle accidents.

Some pregnant women are concerned that wearing a safety belt will harm their unborn progeny in the event of a collision. Just as there is with adults, there is some risk that a seatbelt can cause some physical damage in the event of a sudden impact. However, adults' lives are often saved by safety belts at the cost of some bruising and a broken rib or two. Similarly, pregnant moms and their fetuses are more likely to be protected by safety restraints than harmed by them.

]]> Researchers from Duke University have even determined that mothers wearing safety belts are less likely to lose their pregnancies as a result of collision than those mothers who do not opt to buckle up. When the body is traumatized by an accident, the stress is more likely to affect a fetus. In protecting mom's chances of survival through buckling up, mom better protects the chances that her fetus will survive the accident as well.

No one plans to be involved in a sudden accident. However, it is important to plan for the possibility. When you are pregnant, the best thing you can do for both your fetus and yourself is to buckle up.

Source: Reuters, "Buckle up during pregnancy: study," Kerry Grens, Mar. 8, 2013

Insurance coverage varies for different kinds of accidents

2013-03-10T19:00:40Z

Motorists encounter a variety of potential safety hazards every time they sit down behind the wheels of their vehicles. According to CarInsurance.com, less than half of all car accidents that occur annually in the U.S. involve multiple vehicles. The remainder of accidents occur when single-vehicles collide with barriers, pedestrians, animals and a host of other objects. In addition, objects can fall on vehicles due to bad weather or human high jinx, cars can be stolen or vandalized and animals can cause them damage directly.

It is thus important to understand that not every accident will be handled by insurance companies in the same way. In addition, liability for any given accident may be approached differently by the legal system in the event that one or more parties wish to pursue a personal injury lawsuit.

]]> Therefore, it is often wise to consult an attorney before submitting an insurance claim in the event of any significant accident. Failure to properly understand your coverage or submit your claim could result in delays, denials and other frustrations.

It is also wise to consider the multitude of obstacles one may encounter while driving when selecting coverage for your vehicle. Do not be afraid to ask any potential insurance provider questions about what a given coverage package will and will not cover. Given that only about 45 percent of all accident claims involve multiple vehicle collisions, coverage for other kinds of accidents is important to obtain. Should you have questions about what kinds of coverage to purchase, do not hesitate to consult an experienced personal injury attorney.

Source: Boston Globe, "Does your auto insurance cover that damage?" Michelle Singletary, Feb. 17, 2013

Osteoporosis drug may increase cancer risk

2013-03-06T16:47:33Z

Breaking Dangerous Drug News: This week an FDA panel voted that the risks of the inhalable osteoporosis drug, chemically know as calcitonin salmon, outweigh its benefits when used to treat brittle bones. The drug, currently marketed as Miacalcin and Fortical, is a nasal spray that has been prescribed to post menopausal women for treatment of osteoporosis since the 1980's. Recent studies, however, have shown the drug to be ineffective and have shown that it may actually increase user's cancer risk.

An internal FDA memo noted that "the potential for a cancer risk with calcitonin salmon therapy cannot be ignored." Amy Whitaker, a professor at the University of Chicago also stated that "the cancer risk seems to be low, but it tips the balance for this drug, which has very little evidence of efficacy."

This is just another example of a dangerous drug rushed to market for the benefit of drug makers. This drug has been on the market for decades, yet studies show that it is ineffective at treating the condition that it was market to treat. Not only that, but it may increase your risk for cancer. Over and over again, it has been shown that the makers of these drugs care more about their pocket books than the health and well being of consumers.

If you or a loved one has suffered with serious side effects after using calcitonin salmon or any other dangerous drugs, you may be eligible for compensation.

Source: FDA panel sees risk in long-used osteoporosis drug, Associated Press, 5 March 2013.

The Sequester's potential impact on airplane safety

2013-02-28T19:46:43Z

Should Congress and the White House fail to make a certain amount of targeted federal budget cuts by tomorrow, approximately $85 billion in across the board cuts will be made in an event commonly known as the sequester. Much commentary has been made about the potential impacts of the sequester. One of the most high-profile concerns is the sequester's potential impact on air travel safety.

Transportation Secretary Ray LaHood has been voicing concern that should the sequester move forward without any changes, more than $600 million of the Federal Aviation Administration's (FAA) budget will be cut. These deep cuts could heighten risks for airplane accidents and compromise safety in unacceptable ways. Whether or not any given American agrees with the sequester cuts, we can all agree that compromising the nation's aviation safety is undesirable.

]]> LaHood has noted that sequester cuts would mean furloughs for most of the FAA's tens of thousands of employees. This action would likely impact the speed and efficiency of airport business, as well as inadequate staffing of air traffic control towers. On top of disruptions and delays to air travel for passengers of large and small aircraft, the safety of these aircraft could become compromised as staff levels dip and functional steps get consequently missed.

Like doctors and nurses, air traffic controllers can only be expected to handle a certain load of work and pressure safely. Failure to adequately staff airport towers, baggage scanners and other critical safety locations will impact the American public. No matter what the next few days, weeks and months bring in terms of federal budget negotiations, we must all keep a lookout for the ways in which aviation safety may be potentially compromised and insist that these concerns be addressed accordingly.

Source: The Washington Post, "Sequester politics: the FAA claims of furloughs and closed towers," Glenn Kessler, Feb. 27, 2013

Survey: Pennsylvania parents and teens unaware of new laws

2013-02-24T21:06:23Z

On the last day of 2011, Pennsylvania legislators implemented new laws that specifically affect the state's teen drivers. However, a recent survey conducted by Allstate suggests that only about half of the teens affected by the new laws are confident in their understanding of them. Even more significantly, only about a third of parents are confident in their related knowledge.

The new driving laws were enacted in an effort to ensure that fewer teens are involved in devastating car accidents during their novice driving years. However, if teens and their parents do not understand either the details of these laws or their intent, this important goal is unlikely to be achieved with much success.

]]> Given that teens ultimately must ensure that they follow the new laws and parents are their most critical influence, both groups must ensure that they understand what is expected of them behind the wheel. Though these laws are just over a year old, the Allstate survey suggests that more work needs to be done to guarantee that novice drivers comprehend the laws' ins and outs.

Among the more critical provisions of the new teen driving laws include passenger limit restrictions, curfews, and supervised driving instruction hour requirements. Failure to understand the nuance of these expectations can lead to various consequences, including a heightened risk for being involved in an accident.

If you or your teen is affected by the newly revamped Pennsylvania driving laws, please take the time to ensure that you understand both the provisions and their ultimate goals. Your life and wellbeing could depend upon you doing so.

Source: Canon-McMillanPatch, "Survey: PA Teens, Parents Demonstrate Unawareness of State's Strengthened Teen Driving Laws," Amanda Gillooly, Jan. 16, 2013