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

As a personal injury attorney, I unfortunately see families whose loved ones have passed away in tragic accidents caused by the wrong doing of others. As such, I feel the need to be more aware of the potential dangers that may cause these accidents. Once I realized this fact, I spent a lot of time making others aware of these potentially harmful dangers, so as to prevent unnecessary accidents from occurring.
 
The other day I realized another potential danger that I never noticed before. As usual, I put my five year old son Cole in a booster seat when we got into in the car. Since its winter, I dressed him in his puffy winter jacket and as I strapped him in, I found myself loosening the straps to make an allowance for the jacket. As I drove around on that cold day, I saw other children stuffed in car seats wearing their bulky jackets and smiling at me through car windows. As I was looking at all of the faces of children in their car seats, a thought crossed my mind: was I putting my child in jeopardy by not taking his jacket off before securing him in his seat?

So, I decided to look into it. First, I wanted to know if there is a law about coats and car seats.  As it turns out, there is not. The question then became, “is it safe to put a child in a car seat with a coat?” The reality of this answer is that putting your child in the car seat with a coat does in fact compromise a child’s safety. In an accident, the coat can become compressed leaving extra room between your child and the straps. There is even a possibility that your child could slip out of the coat and through the loose straps and be projected if you are in an accident.

So, I figured, why take the chance? Instead, I find myself warming up my car ahead of time, removing his jacket, and putting a blanket on my child once he is properly secured in his seat. I hope you find yourself doing the same to protect your children.

Carin O'Donnell is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. O'Donnell.

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You are driving your car when suddenly another driver turns right in front of your vehicle causing an accident. When you insured your car, you selected the limited tort option. You also purchased $50,000 of underinsured motorist coverage.
   
The driver causing the accident was from New York and had insurance coverage for liability of $25,000. You are injured and receive months of treatment. Although you still have some complaints, your doctors will not say you have a permanent injury.

Because you are involved in an accident with an out of state driver, you are deemed to have full tort. You have a claim for any and all injuries even though you selected limited tort and your doctors have not indicated you have a permanent injury. You have a claim for injury against the person causing the accident who has $25,000.00 of liability coverage. You have coverage for injury under your policy of insurance for $50,000.00 (underinsured motorist benefits).
   
The Bottom Line
There is $75,000 of insurance coverage available to compensate you for your injury. Always get information about the other driver and the vehicle at the accident scene. If you have any questions about your legal rights, contact us at Stark & Stark.

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.

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Effective January 30, 2012 and no later than January 30, 2014, all holders of commercial driver licenses have to report their information to their State license issuing authority and specifically note the type of commercial vehicles they operate or expect to drive.

Commercial drivers operating in specific types of commerce will be required to submit a current Medical Examiner Certificate to the State Authority in order to obtain a “Certified Medical Status” as part of their driving record. Drivers who are required to have the certified medical status and fail to provide and keep up to date their examiner’s certificate with their State Authority will be deemed uncertified and they could lose their commercial driver license.

Under Pennsylvania procedures, if a commercial driver fails to keep his or her certificate current there could be immediate revocation of the commercial designation on the driver’s license, and in order to re-certify, commercial drivers will be required to apply for a learner’s permit and then complete all of the required knowledge and skills testing as well as other training if applicable.

This is a favorable change for those who are seeking information about commercial motor vehicle operators who potentially were operating without appropriate medical certification.  Previously, there were many states that did not maintain copies of the Medical Certifications and could not state one way or another whether a driver was appropriately certified physically.

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.

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Commercial truck drivers’ log books may not explain why a commercial motor vehicle driver lost control of his vehicle, entered into oncoming traffic and struck another vehicle, seriously injuring or killing the occupants of the other vehicle.

Another place to search in trying to explain a commercial vehicle driver’s accident causing behavior is the pre and post trip inspection reports of the tractor and the trailer, including the motor carrier’s safety manual.  I would also recommend sending out a request for maintenance records of the tractor and trailer.

I had a case involving a fatality caused by a commercial vehicle and requested the information listed above. The post inspection reports issued by the Pennsylvania State Police contradicted the pre inspection report as well as the maintenance records. After identifying these inconsistencies, we continued our search and requested the payroll records of the driver, as well as all bills of lading of the carriers.  We were also able to get the driver’s driving convictions from the state which indicated two prior accidents and the convictions which resulted from those accidents.

The driver’s email and cell phone records could also provide some clues when attempting to reconstruct your commercial vehicle accident.

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

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In 2011, over 100,000 people with severe disabilities were approved for Social Security Disability benefits within a few weeks of filing their claim for befits.  Under the Compassionate Allowance Program, certain serious medical conditions require only minimal medical evidence to show that the person suffering from the condition is disabled and entitled to Social Security Disability benefits. 

The Compassionate Allowance Program was launched in 2008 with a list of 50 eligible conditions.  That list has grown since that time to over 100 conditions.  Examples of some of the eligible conditions are:

• Malignant Multiple Sclerosis;
• Endomyocardial Fibrosis;
• Certain advanced cancers and leukemias;
• Certain Brain Tumors;
• Heart Transplant Wait List;
• Certain advanced dementias;
• Infantile Tay Sachs Disease

The Social Security website, www.ssa.gov.  has a complete list of all 113 conditions now recognized by the Social Security Administration under the Compassionate Allowance Program. 

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.

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I recently represented a client who slipped and fell on water in front of the beverage dispensing machines in the food court at a BJ’s Wholesale Club. The water had accumulated as a result of a damaged dispensing machine.

The Defendant acknowledged they were aware of the problem with the dispensing machine but asserted they had taken proper steps to warn customers. Specifically, the Defendant asserted they had placed a warning cone in the area. The Plaintiff disputed that the warning cone was visible and argued the cone was shoved under the counter area and provided no warning to the Plaintiff of the dangerous condition on the floor.  The store had a videotape of the area at the time of the fall this tape was viewed by the jury.

My client, complaining of right knee pain, saw an orthopedic surgeon and was diagnosed with a lateral meniscus tear requiring an arthroscopic procedure. Following the procedure, she did not have any ongoing knee complaints. The orthopedist also diagnosed a trochanteric bursitis which following two injections resolved. Finally, my client was diagnosed with sciatica which resulted in mild ongoing pain complaints.

The defense contested both liability and damages. On liability, the defense argued that the presence of the warning cone was sufficient to warn customers and my client’s own inattentiveness was the cause of her fall. On damages, the defense medical expert acknowledged the meniscus tear and that the arthroscopic procedure was appropriate. They disputed other diagnosis and no claimed no residual problems.

After a 3-day trial, the jury found the Defendant 70% negligent and the Plaintiff 30%, and therefore awarded my client damages of $125,000.

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.

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Motor vehicle accidents can have devastating consequences. Accidents can result in catastrophic injury, and even death. They can not only affect your physical well-being, but also your ability to work and provide for yourself and your family. Does the vehicle you are driving provide you with the needed coverage to protect you in the event you are involved in a motor vehicle accident?  Are you insured?

Here is a scenario we frequently encounter:

The Facts
You are a driver for a package delivery business and you perform your deliveries in a vehicle owned by the employer. One day you are rear-ended by a car while making a delivery. The person who caused the accident does not have automobile insurance and your employer tells you they do not provide uninsured motorist coverage under the auto policy covering the vehicle they owned and told you to drive.

Additionally, you have a personal auto policy that provides uninsured motorist coverage. Your insurance company tells you there is an exclusion under your personal automobile policy and denies coverage.
      
The Result
The person who caused the accident failed to insure their vehicle so there is no coverage available from the person who caused the accident.

Under the law, your employer has the ability to waive uninsured motorist coverage for vehicles they own. No coverage available.

Your personal automobile policy provides uninsured motorist coverage but contains certain exclusions. One of those exclusions is known as the “regular use” exclusion. The “regular use” exclusion applies if you regularly use another vehicle. The employer’s driver regularly uses the vehicle owned by the employer and was making work delivery(ies) at the time of the accident. The “regular use” exclusion applies in this situation.
  
The Bottom Line
You have no coverage available through the uninsured driver who caused the accident, you have no coverage available through the employer’s automobile policy and you have no coverage under your own personal policy.

Beware
Insurance policies frequently do not provide any protection and often contain exclusions to coverage you may think you purchased.

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.

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If you have received a denial of your initial claim for Social Security Disability benefits, and requested an appeal, you will likely appear before a Social Security Administrative Law Judge (“ALJ”) who will decide whether you meet the criteria for disability benefits.

Social Security requires that the ALJ consider all of the following factors to determine whether a claimant is disabled:

• whether the claimant engaged in substantial gainful work;
• whether the claimant has a severe impairment;
• whether the severe impairment meets or equals an impairment in the Listings of Impairments;
• whether the claimant has the residual functional capacity (“RFC”) to perform his or her past relevant work;
• whether, in light of the claimant’s RFC, age, education, and work experience, there are other jobs the claimant can perform.

Although the factors that the ALJ uses are the same for each claimant, the way in which each judge applies or interprets the factors to an individual claim varies widely from judge to judge. That is, there is a certain amount of subjectivity in each judge’s decision.

A local attorney experienced in Social Security Disability law, who has appeared before the various ALJs in his/her region, is a tremendous asset to a claimant during the appeal process. Knowing what the judge looks for, in terms of documentation of the claimant’s physical or mental capabilities as well as the type of work that claimant has performed is an important part of the presenting the claimant in the most favorable light when he or she appears before the judge with his attorney.

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.

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Many commercial truck drivers, especially those with company incentives, push the envelope when it comes to abiding by the rules limiting the amount of time they are allowed to drive. Interstate commerce truck drivers may drive a maximum of 11 hours, but only after 10 consecutive hours of being off duty. Furthermore, a driver may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14 hour limit.

Driver log books are the only hard evidence that show how long a driver has been on the road.  Unfortunately, log books are often known as “joke books.” Many times, log books are filled out in advance of a trip to show the driver was in compliance. However, certain documents may lead a paper trail to show the driver has violated the hours of service rules.

Log books are a good place to start. I would suggest looking at the drivers’ log book for the year prior to the incident. It is important to note that the driver and the company have separate log books. Be sure to get both. At times, the log books do not match.

Lawyers groups have lobbied to change the current rules regarding hours of service but they have had very little success. It is unfortunate for the many of us who have to travel the roads for the purpose of work, travel, etc. A fatigued truck driver behind the wheel of an 80,000 pound tractor trailer can be an accident waiting to happen and, of course, the end result can be devastating and sometimes deadly for the rest of us.

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

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