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Are You Sure You're Insured? Auto Insurance Reminders

As you have seen from our “Are You Insured?” blogs, automobile insurance coverage can be complicated. Be sure to check your automobile insurance policies when renewing or purchasing insurance. Automobile accidents can have devastating consequences, and it is imperative that you protect yourself.

While insurance agents may be looking to save you a few dollars in premiums, they may be costing you thousands if you are involved in an accident. It is called insurance for a reason. Make sure you are protected.

In most cases, the most overlooked type of coverage is uninsured and underinsured motorist coverage. This type of coverage protects you in the event that the person causing an accident does not have insurance or does not have adequate coverage to compensate you for your loss.

All too often, people drive vehicles that are not insured, while others only carry minimum coverage that provide you with little to no protection. Remember to protect yourself.  Make sure you have sufficient uninsured and underinsured coverage under your automobile policy.

Kevin Bradway is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Bradway.

Swimming Pool Safety in Pennsylvania

Swimming pools provide a lot of fun times during the summertime. However, it is important to remember that swimming pools can be dangerous if people are not careful.

According to the Center for Disease Control, there were over 3,300 deaths caused by drowning or submersion in 2000. This rate is particularly high for children under the age of 16. Drowning is the second leading cause of death for this age group after motor vehicle incidents. Another 2,600 children are treated in the emergency rooms each year for near-death drowning incidents.

10 Easy Ways to Make Your Pool Safer:

  • Make sure that everyone in your home knows how to swim.
  • Never leave children unattended around water.  Adult supervision is a must.
  • Ensure that children and adults that enter the pool know basic pool safety.
  • Keep a telephone by the pool so that you can quickly call 911 in an emergency.
  • Make sure adults supervise their own children that are swimming.
  • Do not swim while you are under the influence of alcohol or drugs.
  • Enforce strict pool rules.
  • Learn CPR
  • Install the correct pool safety measures. 
  • A tall lockable fence or a sturdy pool cover can prevent children from going into the pool when there is no supervision.

If you or your child have been seriously injured in a swimming pool accident, you may be able to file a premises liability claim or lawsuit for damages against the pool owner.  Pennsylvania’s premises liability law is complex, which is why it is important that you retain the services of a knowledgeable and experienced injury lawyer that knows how to represent clients with swimming pool injuries or in wrongful death drowning cases.

If you need help or have additional questions, please call us at (267) 907-9600 or visit us on the web at www.StarkInjuryGroup.com.

 

Tyler Tomlinson is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Tomlinson.

Is It Getting Harder to Win Social Security Disability Cases?

In the last year, I have seen a dramatic increase in the number of individuals who are seeking Social Security disability benefits primarily because their unemployment compensation benefits are about to run out.

Increasing rates of unemployment have resulted in applications for disability benefits by individuals who simply cannot find employment after being laid-off.  When workers lose their jobs due to the economic downturn and cannot subsequently find employment, they are turning more and more to Social Security disability to make up the shortfall in income. This is especially true if the unemployed worker is over 50 years of age.

That increase in the number of applicants causes another problem: a serious backlog in the system. Nowadays, it is not unusual for a claimant to wait one to two years for a hearing before a social security judge after an initial claim is denied.  There are simply more appeals than there are judges to hear them.

If you are applying for social security disability benefits, or in the process of waiting for a hearing in front of a social security judge, it is important to provide the SSA with updated medical records.  Once your initial application is denied, Social Security will not continue to obtain medical records from your doctors.  This responsibility becomes your responsibility. Given the increased number of applicants, and the lengthy period of time between filing the appeal and appearing before a judge, you must provide the judge with the most complete and current records which support your claim.

 

Leslie A. Mitnick is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. Mitnick.

New Law Regulating Philadelphia, Pennsylvania Bouncers

The Philadelphia City Council passed a new law effective April 19, 2012, that regulates the hiring and training of bouncers. The law mandates that bouncers, or other similar security personnel, must have training and must register with the City.The law further outlines the type of training that a bouncer must have, as well as how and where a bouncer must be registered. After the law becomes effective, bars and nightclubs can no longer employ unregistered and/or untrained bouncers that are not in compliance with the stated requirements. Additionally, all establishments must perform criminal background checks on all security personnel hired.
 
The law was enacted in response to numerous law suits filed over the years in which bar patrons were seriously injured by over-zealous security personnel. The law can be found in The Philadelphia Code, Title 9. Regulation of Businesses, Trades and Professions.

Edward Shensky is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Shensky.

Social Security Administration to Revise Guidelines on Musculoskeletal Disorders

This year, the Social Security Administration (SSA) plans to seek public comment on various musculoskeletal disorders in an effort to update the agency’s Listing of Impairments that may qualify someone for Social Security disability benefits. Listings are important because they outline the criteria the SSA uses to determine if a claimant is disabled.

Musculoskeletal conditions are those affecting muscles, joints, nerves and connective tissues in the body. Examples include arthritis and degenerative disc disease. When symptoms from these conditions become so severe, on a regular basis, that the individual cannot work, they may qualify affected individuals for Social Security Disability Insurance benefits.

When considering the disability claim of an individual with a musculoskeletal disorder, Social Security will look at symptoms such as pain, swelling, fatigue, and decreased focus or concentration.  A claimant with these symptoms will have to prove that the musculoskeletal condition is expected to prevent the claimant from working for at least 12 months. It is important to have a health care provider discuss, in the claimant’s medical records, the nature of the disability and why it prevents the claimant from working for at least 12 months.  Such documentation can be crucial in obtaining a favorable decision from SSA.

Leslie A. Mitnick is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. Mitnick.

School Bus Accidents in Pennsylvania

Recently, in Pennsylvania as well as other states throughout the country, there have been numerous school bus accidents which have resulted in serious injuries and death. In Bucks County, Pennsylvania, a motorcyclist was killed after a collision with a school bus on March 22, 2012. And in Burlington County, New Jersey, an 11-year old girl was killed in a school bus accident on February 17, 2012. 

School bus accidents are especially tragic because, most of the time, the victims are children.
 
These accidents require immediate investigation and analysis in light of federal and state guidelines.

The first inquiry must be to identify the owner of the school bus and the driver of the school bus.  If the owner of the school bus is the school district, then the amount of damages may be capped at $500,000 by Pennsylvania law.  If the owner of the school bus is a private company, such as First Student, Inc. or Laidlaw, then the amount of damages are not capped. 

It is important to identify the driver in order to perform a complete background check on the driver to determine whether he or she had any prior record and had the appropriate license to operate the school bus.

Buses are common carriers and are obligated to provide a higher level of safety. Essentially, they fit into the same category as trains and planes. All common carriers may be liable for personal injuries to passengers. The carrier must have the essential equipment and a sensible degree of skill to carry out the transportation of passengers.  Federal and State policies vary but, in general, if a personal injury occurs because the carrier was not in compliance with safety regulations, the carrier may have total liability for personal injuries. Liability issues in bus accidents often involve driver negligence, driver training, inadequate security, dangerous roadways, weather conditions, defective products, drunk driving and improper maintenance.

Joe Cullen is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Cullen.

U.S. News and World Report Releases Study on Social Security Payments

U.S. News and World Report recently published an article on the four most important sources of income for retirees. The statistics revealed in the study are worth bearing in mind if you are contemplating retirement soon.

In 2012, the current total median income, for those 65 years of age and older was $25,757, according to a new Social Security Administration report. The most common retirement income level is between $15,000 and $19,999 annually, an income range that 12.6% of retirees fall into.

For most people, Social Security is the largest source of retirement income. The majority of retirees (65%) get half or more of their income from Social Security. And over a third of people aged 65 and older receive at least 90% of their income from a monthly Social Security payment.  Some people delay receiving social security retirement benefits past their “full” retirement age in order to get bigger monthly checks. Almost all seniors who were aged 80 and older in 2010 (92%) received a Social Security check. The median Social Security payment amount was $15,701/year in 2010.
 

Approximately half of seniors received interest from assets held in bonds, treasury notes, IRAs, certificates of deposit, and interest-bearing savings and checking accounts in 2010. And 19% of retirees received dividend payments from stock holdings and mutual fund shares. Some seniors also bring in extra retirement income by renting out property or earn royalties from work done earlier in their career (9%). However, most retirees receive only a small amount of income from these assets. The median asset income was just $1,260 in 2010.

Some current retirees still have access to private pensions or annuities (27%) or public pensions (15%), such as those provided by the military or federal, state, or local government. The median pension received by those aged 65 and older was worth $12,700 in 2010. Government employee pensions generally paid considerably higher annual benefits ($20,000) than private pensions and annuities ($8,844) in 2010.

Finally, many retirees are finding that they simply must continue to work during what has traditionally been thought of as their retirement years.

Just over a 26% of Americans aged 65 and older held a paid job or were self-employed in 2010. People who work at age 65 and older earned a median income of $28,000 in 2010, considerably less than the median of $45,000 earned by people age 62 to 64 and the $54,000 workers age 55 to 61 were paid.

Leslie A. Mitnick is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. Mitnick.

Where Can You File A Lawsuit in Pennsylvania?

Under Pennsylvania law, a lawsuit may be brought against a corporation in and only in:

  1. the county where its registered office or principal place of business is located;
  2. a county where it regularly conducts business;
  3. the county where the cause of the action arose;
  4. a county where the transaction or occurrence took place out of which the cause of action arose.

In many situations, lawsuits are brought against corporations in Philadelphia County for a variety reasons, including the exemplary case management system, mass tort program, the Commerce Court and the higher jury verdicts. Oftentimes, there are  disputes on whether the lawsuit against the corporation should be brought in Philadelphia County.

Generally, the dispute is whether or not a corporation “regularly conducts business” in Philadelphia County.  Pennsylvania Courts apply a “quality and quantity” test of business contacts.  The Court will look at evidence as to whether the  corporation serves the citizens of that particular county, whether the corporation advertises in that particular county, and whether that corporation engages in actions in that particular county which are in furtherance and essential to corporate objectives.

Joe Cullen is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Cullen.

NYC Triathlon To Institute Additional Safety Precaution

In the wake of two deaths during the swim open-water swim leg of the 2011 New York City Triathlon, race directors will now requiring all participants to sign a waiver indicating that they have swum at least a half-mile in open water in the 18 month period preceding the 2012 event or that they will swim this distance before race day.  On race day, they will be required to sign an additional waiver verifying that they have completed this requirement.

This marks the latest step that triathlon officials have undertaken in an effort to ensure the safety of the ever-dangerous open water swim leg of the sport.  A 2010 study published by the American Medical Association Journal indicates that 13 of 14 triathlon deaths occurring between the years of 2006 and 2008 occurred during the swim leg of the race.  Experts believe that the stress created by the open-water swim often serves as a significant contributing factor in these tragic deaths. 

At first glance, the open-water swim waiver would seem to be a step in the right direction.  However, it is by no means sufficient to ensure the safety of the event.  Even assuming that participants comply with the waiver requirements and swim the required distance prior to the race, it is impossible to recreate the stressful conditions that they will encounter on race day when they will be entering the water alongside as many as 150 participants.  For this reason, it remains essential that race directors implement a rigorous water safety plan allowing them to quickly identify distressed swimmers and respond instantly.  In the absence of such a plan, we will continue to see the number of triathlon deaths rise as the sport grows in popularity.

If you or someone you know has been injured or killed during a triathlon competition, contact the experienced attorneys at Stark & Stark for legal advice.
 

Ian Abovitz is a member ofStark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Abovitz.

CDL Hours-of-Service Update

As a follow to my prior write-up on the changes of the Hours-of-Service Rule published in December, 2011, there has been a decision that a few of the Rules will have a compliance date of July 1, 2013.   The July 1, 2013 compliance date applies to:

  1. Limitations on minimum 34-hour restarts.   There was no prior Rule on this and the new Rule advises that there must be two periods between 1:00 a.m. and 5:00 a.m. home terminal time and this 34-hour restart may only be used once per week;
  2. Rest Breaks. In the prior version there was no such Rule and now a commercial vehicle operator may drive only 8-hours or less from the driver’s last off-duty period of at least 30 minutes.  

It is also noteworthy that “on-duty time”, which previously included any time in the commercial vehicle except the sleeper-berth, does not include time resting in a parked vehicle (this Rule also applies to passenger-carrying vehicles and its drivers).    In a property carrying commercial vehicle, this on-duty time does not include up to 2-hours in the passenger seat immediately before or after 8 consecutive hours in the sleeper-berth. 

Finally, as for penalties for violation of the hours of service Rules, previously the standard was “egregious” for any hours of service violations. This was never specifically interpreted or defined.   Under the new Rules effective February 27, 2012 this was quantified as driving, or even allowing a driver to operate a vehicle, 3 or more hours over the time limit. This will subject the operator and company to maximum civil penalties.     

This also applies to passenger carrying commercial drivers. It is also important to remember that the new Hours of Service Regulations with a July 1, 2013 compliance deadline  indicate that drivers using the sleeper-berth provision must take at least 8 consecutive hours in the sleeper-berth plus a distinct and separate 2 consecutive hours either in the sleeper-berth, off-duty or any combination thereof.                 

Jeff Krawitz is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Krawitz.