Pennsylvania Law Monitor : Pennsylvania Lawyer & Attorney : Stark & Stark Law Firm : Yardley, Philadelphia, New York, New Jersey

Were you injured by a drunk driver?
Alcohol-related motor vehicle crashes kill someone every 32 minutes. Last year alone, over one million people nationwide were injured in alcohol-related traffic crashes. In Pennsylvania and New Jersey, thousands were hurt by a drunk driver. If you or someone you love have been injured as a result of a drunk driving accident, whether as a passenger or as a pedestrian, the most important step you can take toward preserving your rights for a full recovery and compensation is to contact an experienced personal injury attorney to discuss your case. When a drunk person gets behind the wheel of a car, truck, motorcycle or boat the results can be tragic.

Dram Shop Liability
Dram shop liability refers to the responsibility of the tavern, restaurant or other business that sells or provides alcohol to an obviously intoxicated person or a minor who then causes harm to another. A party host or a person who provided alcohol to a party can also be held liable for injuries suffered by a victim of a drunk driver. Dram shop liability laws vary widely by state in regards to serving alcohol to an intoxicated person. Most states hold the retailers who know or should have known they are selling alcohol to obviously intoxicated people or minors accountable.

Full Tort Status
In Pennsylvania, if you are hit by someone that is convicted of drunk driving, you will be considered full tort status and you will be able to recover for all of your damages, including pain and suffering.  This is true even if you selected limited tort on your automobile insurance policy.

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An Owner's Manual For Your Divorce is a 10 part podcast series presented by Joseph D. Visco, member of Stark & Stark's Divorce group. The series is intended to assist you in understanding the general process of a divorce from the initial discussions with your spouse to the post divorce follow-up.

The ninth installment will focus on the follow-up after your divorce.  After you have entered into a Settlement Agreement or the Judge has made a decision, the terms of that Agreement or decision must be implemented. In this installment, Mr. Visco will will discuss issues pertaining to deeds and mortgages, how to change your name, life insurance policies, pension or retirement accounts, medical insurance and bank accounts.  You can download a copy of the installment notes here. (PDF)

You can download the ninth installment here. (1.7 MB)

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Stark & Stark is pleased to announce that Joseph A. Cullen has been appointed as a Trustee for the Bucks County Bar Association Charitable Foundation. Joseph A. Cullen is a Shareholder and member of Stark & Stark’s Accident & Personal Injury group where he concentrates his practice in the representation of plaintiffs in medical malpractice, personal injury and wrongful death cases.

The Charitable Foundation of the Bucks County Bar Association is committed to promoting and supporting programs, organizations, and individuals throughout Bucks County who are engaged in activities designed to foster respect for the rule of law, the advancement of rights, liberties and protections under the law as well as activities which have as a principal purpose the advancement of social justice for the individuals, families and communities of Bucks County.

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Have you been hurt while riding your bike?  Most bicycle accidents involving cars are not the bike riders’ fault.  Nonetheless, it is the cyclists that is usually seriously hurt.  At Stark & Stark, P.C., we often represent victims that were just out for a nice bike ride when the driver of an automobile was not paying attention or properly sharing the road.

Unfortunately, one of the main injuries the cyclists suffer is to their head.  Head injuries also account for 60% of cycling fatalities.  If you wear a properly fitted helmet, this can significantly reduce the risk of head injuries. 

Children are at the most risk for death or serious injury from a bike accident or bike crash.  Always make sure that your child is supervised when they ride their bikes.  Also, it is the law in Pennsylvania that children must wear protective helmets. 

Safety Tips for All Bicycle Riders:

• Always wear your helmet.  This may save your life.
• Make sure your bike is working properly before you ride it.  Check the tires pressure.  Check the chain and brakes.
• Always ride in the same direction as the cars.  This will make it easier for motorists to see you.  It will also provide motorists with more time to adjust to you being on the road.
• Stay on the right hand side of the road.
• Do not ride your bike when it is raining, snowing or icy.
• Do not ride on the sidewalks.  Sidewalks are for pedestrians.
• Be sure to know all of the traffic laws and safety hand signals.  To make a left turn, extend your left arm straight out to your side. For a right turn, bend your elbow and hold your arm up in an "L" shape, or extend your arm straight out to your side. To make a sudden stop, hold your arm in an upside-down "L" shape.
• Wear clothing that is easy to see, especially at night.
• Your bike should have a white headlight and a red taillight, as well as front and rear reflectors.

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If you applied for social security disability (Type II) benefits and were denied, you are a member of a very large group!  Approximately 90% of all applications are initially denied.  Once you receive your denial, you have 60 days to appeal the decision and request a hearing before a social security administrative law judge.  It is wise to seek legal representation at this point.  Your attorney can file the proper forms for you or you can use the on-line appeal process to “preserve” your appeal.  You can also call social security and tell the representative you speak to that you want to appeal the decision.

Once the appeal has been filed, you must continue to supply copies of your recent medical records to social security.  The judge assigned to your case will review all your medical records before your hearing so he or she is familiar with the details of your disability.  It generally takes approximately 6 to 9 months from the date you file your appeal to the date of the hearing. 

Although the hearing itself is a formal process, it is not adversarial like a trial where you are suing someone or being sued.  Hearings take place in various hearing centers located in the area where you live.  Each hearing generally takes less than 1 hour.  You must appear at the hearing, along with your lawyer and any witnesses who you decide to have testify on your behalf.  It is not necessary to bring your doctor or any health care provider with you to testify.  In addition to the judge, there were will be a clerk who takes down the testimony and a vocational expert who assists the judge in determining whether or not you are disabled under the social security guidelines.

Generally, during the hearing, both the judge and your attorney will ask you various questions so that they can develop a complete picture of your disability.   A few weeks after the hearing you should receive a “letter opinion” from the judge which will either be “fully favorable” – meaning you will receive benefit, or “unfavorable”  – meaning you will not receive benefits.  Included in the opinion will be all the reasons the judge granted or denied your application.  Approximately 60% of all appeals in which the claimant is represented by an attorney, receive “fully favorable” opinions.   

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Chatting on a cell phone or texting while driving on our roads and highways is causing accidents in ever-increasing numbers. In Pennsylvania, there are over 6,000 distracted driver accidents each year involving drivers using a handheld cell phone.

In New Jersey, the numbers are even higher. According to the New Jersey Division of Highway Traffic Safety, distracted driving contributed to more than 20,000 car accidents in 2007. More than 1,500 distracted driver accidents involved handheld cell phones and 1,421 involved a hands-free cell phone.

Distracted Driving Laws
No statewide Pennsylvania law has been passed yet. If the current bill in the House Transportation Committee becomes law, drivers must pay a $50 fine for texting while driving. Fines would double in a school or road construction zone.

In the city of Philadelphia, the fine for talking on a handheld cell phone while driving, bicycling or using a skateboard is $75 for the first violation. No moving violation points are assessed.
In the State of New Jersey it is illegal to talk on a handheld cell phone or text while driving. No moving violations points are issued, but drivers are fined $100. 

New Federal Laws for Texting Effective January 26, 2010
The United States government has prohibited the operation of hand-held texting devices by drives of commercial trucks and buses. The ban is effective immediately and violators may be subject to civil or criminal penalties of up to $2,750.

U.S. Secretary of Transportation Ray LaHood said in a statement, "We want the drivers of big rigs and buses and those who share the roads with them to be safe." He added, "This is an important safety step, and we will be taking more to eliminate the threat of distracted driving."

The Federal Motor Carrier Safety Administration has found that drivers take their eyes off the road for an average of 4.6 seconds out of every six seconds while texting. Researchers also say drivers who text are at least 20 times more likely to get in an accident than non-distracted drivers.

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