Pennsylvania Injury and Insurance Law Information

Accident Insurance Claims - Don't Forget to Take Pictures

2012-02-05T12:55:00.000-08:00

The overused saying, "a picture says a 1,000 words" couldn't be more true when you have an insurance claim.

Take pictures of any damage to your car or vehicle after an accident. It's likely that the insurance company will take pictures, but you want to have your own. Don't assume the insurance company will take all the necessary pictures or that you will easily get a copy of their pictures.

Getting photos of the crash scene is really important to preserve the evidence, especially if there is a dispute as to who is at fault. Skid marks, broken pieces of the vehicles, the layout of the intersection-- these are all important. Over time, that evidence will be gone, that's why prompt photos are key.

Common areas of car accidents in our area include Route 100, Route 73 and Route 29. There are certain intersections or blind spots that would best be shown in photographs.

If you fell or were injured because of an unsafe condition, get pictures of the defect as soon as possible.

Of course, if you are injured, you will want to get photos of your injuries. The insurance company will look to downplay your injuries. They'll have a hard time downplaying pictures.

If you have any questions, feel free to call us. (610) 792-3304

Wolpert Schreiber P.C.

Will the Insurance Company Pay for Wage Loss after an Accident?

2012-01-21T10:00:00.000-08:00

In Pennsylvania, if you lost income or wages due to being in an accident, you can recover. First, say you were in a car accident in Collegeville or Pottstown or Limerick on Route 422 or Route 100 or elsewhere, and it was someone else's fault. you woull have two possible sources of recovering lost wages. You should first check with your own insurance company. If you have wage loss coverage on your own policy (sometimes called "no fault" or "first party" coverage), then you can apply for the wage loss as you lose it. You will need to get proof of your earnings (maybe a W-2 or paystubs from before the accident) and a doctor's note of disability. The advantage of having it on your own policy is that you can get reimbursed as the wage loss happens. It is true that the at-fault person's insurance company would owe you for wage loss-- but they generally won't pay it to you until the end of the case or without a release. If you are having ongoing symptoms, injuries or other losses, you want to be very careful abut signing anything which could affect your rights. If you have any questions, you want to contact an experienced personal injury lawyer.

Car Insurance in Pennsylvania Basics To Stay Protected

2012-01-04T12:00:00.000-08:00

AUTO INSURANCE COVERAGE: SOME BASICS

Some items that you may want to check for when buying or renewing your car insurance:

• Full Tort (not Limited Tort)

• Underinsured Motorist/Uninsured Motorist Coverages (UIM/UM)
(Protects you and your family against the other drivers on the road. Acts as excess liability coverage for you if another driver at-fault has insufficient or no liability insurance)

• Medical Coverage
(“No fault”. Regardless of whose fault, your medical covers you up to the coverage limits)

• Wage Loss Coverage
(Also “No fault”. Inexpensive. Advantage: Pays wage loss as you lose it).

• Stacking
(When you have more than 1 vehicle on your policy. Inexpensive. Advantage:
Multiplies your UIM/UM coverage by number of vehicles on policy)

• Read your Policy / “Declarations Page”!

What your lawyer should do for you

2011-12-16T21:36:00.000-08:00

Of course, a lawyer should try to get the best result they can for you.
That goes without saying. But, there are more basic things that should be done along the way. Unfortunately, from my view, not all lawyers do these little things, but should.

Your lawyer should:

- keep you updated (you should be informed as to what is going on)
- listen to your concerns and try to solve them for you
- remember that you are the boss, it's your case
- return your phone calls as soon as possible
- treat you with respect (as the saying goes, do unto others as you would want done to yourself)
- be available for meetings with you at your request
- explain what will be happening on your case (and understand this is probably the first time you've ever gone through something like this)
- give you plan of action on your case (there should be a plan for how to accomplish the goals you want

The Truth: Lawsuits declining

2011-12-03T15:19:00.000-08:00

You hear it often. Insurance company ads about frivolous lawsuits or too many lawsuits. People who commonly think lawsuit filings are out of control. The facts confirm this isn't true.

The Pittsburgh Business Times, states:

"There were 1,617 med mal cases filed statewide in 2007, compared to 1,693 in 2006 and 2,903 in 2002."

The also confirm that across Pennsylvania, verdicts dropped to 185 from 229 in 2006 and 223 in 2005.
The defense verdicts remained about 82% in medical malpractice cases.

There were 9 verdicts above $10 million between 2000 and 2003 for medical malpractice. From 2004-2008, there were only 5.

"The latest statistics provide additional evidence that the sharp drop in medical malpractice litigation, which began in 2003, was not a temporary correction, but a sustained response to the procedural rule changes adopted by the Supreme Court and the statutory changes enacted by the General Assembly," Chief Justice Ronald Castille said.

Additional statistics from the Supreme Court are expected soon, to confirm the continuation of this trend.

How to make a complaint about a Bar serving a drunk driver

2011-11-13T12:59:00.000-08:00

In Pennsylvania, a bar or drinking establishment can not serve someone who is visibly intoxicated. Meaning, someone who is showing visible signs of being drunk. If they serve a visibly intoxicated person who then leaves and causes a car accident, the bar can be held responsible in a "civil" personal injury case.

Unfortunately, the news too frequently involves heart-breaking stories of drunk driving accidents in our area. These often occurred on main highways like Route 422 or Route 100. But also there are local roads as well.

David Schreiber
610-792-3304
www.PAinjurycase.com

The PA State Police have a Bureau of Liquor Control Enforcement. You can contact them to report a violation or a Problem Bar and request that they investigate.

Bureau of Liquor Control Enforcement Headquarters
3655 Vartan Way
Harrisburg, PA 17110

Phone: (717) 540-7410
Fax: (717) 540-7452

Car Accident on Route 562

2011-10-10T17:35:00.000-07:00

We have seen increased car accidents on Route 562 in the Boyertown, Amity, Douglassville areas. Why? Not sure if it's been increased traffic, need for changes to the roads, or something else.

There has been more development.

If you have seen or been in an accident on this road, or simply are aware that there have been more car accidents, let us know what you think. Maybe it's time to make suggestions on improving the road or traffic controls.

Re-Check Your Auto Insurance

2011-09-12T18:10:00.000-07:00

When you get your renewal in the mail for your car insurance, take a few minutes to actually look at your coverage. Do you have wage loss coverage? Do you need it? Do you need more than you have? The amounts may say "$1,000/$5,000"- that means $1,000 per month for a total of 5 months. Think about whether you have disability (short term or long term) through work. That may affect how much wage loss coverage you want on your policy. Look at the amount it costs- it should be relatively cheap.

Also, take a look at the "underinsured/uninsured motorist" coverage. This is what protects you and your family against everyone else on the road's carelessness. Make sure you have it and have enough of it. Ask your agent or broker or insurance company for quotes on different prices.

There are other coverages that are less obvious such as "stacking" of underinsured/uninsured coverage, collision/comprehensive deductibles and coverage and medical coverage. If you aren't sure, ask your agent or insurance company for more information. As to the medical coverage, consider what type of health insurance you have-- after a car accident, you have to use your health insurance if your auto medical exhausts.

David E. Schreiber
(610) 792-3304
www.PAinjurycase.com

After My Accident: Insurance Adjuster Keeps Calling- What Do I Do?

2011-08-06T19:28:00.000-07:00

Ok, you were injured in an accident- a car accident, a fall, or other injury. Now, the insurance company keeps calling you. Here are some reminders:

First, find out which insurance company's adjuster is calling. If it's your own insurance company (like for a car accident, it would be considered your "first-party" adjuster). You typically are supposed to cooperate with your own insurer (it will be a section in your policy, often called a "duty to cooperate). You would provide your own company with the basic information. For example, if you were in a car accident in Collegeville or you fell in Phoenixville, you provide that information to your own company. They will assign you a claim number. Ask your adjuster what coverages and benefits are available under your policy. You can ask them to provide that in writing.
If they want a statement, ask them if you are required to give them one under your policy and ask them to tell you where in your policy it says that. If you are unsure, contact an experienced injury lawyer.

If the insurance company calling you is the liability insurance company (that is, the insurer for the at-fault driver in a car accident, or the insurer for the property where you fell, etc), then you should be very careful about what information you give out. Often, insurers will assign adjusters to a geographic area. For example, some insurance companies have an adjuster assigned to Pottstown or Collegeville or Montgomery County. They will call you if your accident happened there. They may ask you for a statement. You should be very careful about providing any statement to an opposing insurance company without getting a lawyer. Remember, their job is not to pay what's fair, but rather, to save their company money. They may be motivated to settle your claim- but don't mistake that for being fair. Their desire to close the claim is based on what's best for their company- they may believe they can get you to agree to settle for less early on before you know what your injuries are or you have additional expenses.

If you have any questions, feel free to call us.

(610) 792-3304
www.PAinjurycase.com
David E. Schreiber

I was in a car accident- how do I get my lost wages paid?

2011-07-23T04:46:00.000-07:00

After a car accident, the law in Pennsylvania says that you can recover for lost wages. This means that you have to show that you were disabled from work by your doctor and that you missed work. Say, for example, you were in a car accident where you were rear-ended on Route 100, Route 422, Ridge Pike, or Route 23. You have car insurance and so does the at-fault driver. First, you need to check your own policy. Ask your insurance company if you have "no fault" (also called "first-party") wage loss. If so, after the standard 5-day deductible, your insurance would pay your lost wages month-to-month. But, if you don't have wage loss coverage, or your wage loss coverage isn't enough to cover all of your wages, then you would be pursuing wage loss against the at-fault insurance company. The downside is that the at-fault company typically won't pay your wages without a full release (you don't want to sign any release without a lawyer and without knowing that you are ending all rights to all claims).

The two things the insurance company will require to pay your lost wages will be:
(1) a disability note from your treating doctor; and
(2) a wage verification from you employer indicating your salary/wages/number of hours per week (or sometimes the insurance company will simply accept a pay stub or your W-2).

If you have any questions, feel free to contact us.

David Schreiber
610-792-3304
deschreiber@thomaswolpert.com

Hurt Back in Car Accident in Collegeville- Insurance Company Won't Pay

2011-07-04T10:28:00.000-07:00

If you were rear ended or in a car accident in Collegeville, Phoenixville, Limerick, or Royersford, and you are facing an insurance company who won't pay, you still have options. Maybe the insurance company is State Farm, Allstate, Nationwide, or Erie? Those are 4 of the most common insurance companies in this area.

1. First, send a letter or fax to the at-fault insurance company simply asking that they respond in writing with their reason for not paying.

2. Consider getting a consultation with a lawyer who specializes in personal injury law. You should be able to get a free consult. Our firm does free consults.

3. You should get a copy of your own medical records (often, you can get your medical records from the car accident from your own insurance companay- since they pay the medical bills up to the limits of your medical coverage- they will have those records.

4. You should make a list of witnesses - there are two types of "lay" (non expert) witnesses for injury cases. One is a witness to the actual car accident. A police report would list any witnesses identified at the scene by the police. A second type of lay witness would be people who have known you before and after the accident who have seen any differences in you physically since the accident. These could be co-workers, clergy, friends.

5. Request a copy of your own insurance company's policy and "declarations" page (the page listing all the coverages).

6. Go to the doctor if you are having symptoms and follow their instructions. This will help you get better and you have paid for the coverage on your policy for medical bills.

If you have any questions feel free to contact us.

David Schreiber
(610) 792-3304

Car Accident - Other Driver Was From New Jersey- What does that do to my case?

2011-06-11T15:04:00.000-07:00

If you were injured in a car accident, maybe on the Schuylkill, Route 422, I76, the Turnpike or elsewhere and the other driver from from another state... read on.

If the accident happened in New Jersey and the other driver was from New Jersey, there are some issues. New Jersey law will apply and there is a "deemer" statute law. This basically can limit your rights to recovering pain and suffering also referred to as bodily injury. You may be required to have a permanent injury or disfigurement or other type of serious injury to recover.

If the accident happened here in Pennsylvania but the other driver's car was registered in New Jersey or another state, this could actually be a positive for your claim. If you have "limited tort", there is an exception if the other driver's vehicle was registered in another state. This means that the limitations of "serious injury" to get bodily injury damages don't apply to your claim. You are instead considered "full tort" and have no restrictions on recovering pain and suffering or bodily injury.

In Car Accident- How Do I Get a Copy of The Police Report? What Happens If There Was No Police Report Done?

2011-05-22T14:04:00.000-07:00

If you were in a Car Accident in Pennsylvania, the Police typically will do a Police Accident Investigation Report. This is not the same as the one page "Notice of Accident Investigation" that you may have received from the Officer at the accident scene. Typically, the full Accident Investigation Report takes about 5 days for the Police Department to complete. It usually requires the supvervisor or Sargeant to review it and sign off. You can get a copy by contacting the Police Department and requesting the Report be sent to you. Or, you can stop in to pick it up. Most Departments will charge $15 for the Report. First, ask your insurance company to give you a copy - they may have already ordered it and then you won't have to pay. If the Accident happened on a State Route, such as I-76 (Schuylkill Expressway), or if it happened in an area patrolled by the State Police (such as some areas of Route 422 or Route 100 or Route 73), then the State Police respond and do the Report. It usually takes the State Police longer to do the full Report (usually about 2 1/2- 3 weeks). You would need to call the State Police Barracks to ask for a copy if your insurance company doesn't have it.

Sometimes the Police will not do a Report. If there were no injuries reported at the scene and/or both vehicles were driveable, then they may not do a Report.

If the Police do not do a Report, make sure you promptly contact your insurance company anyway to notify them of the auto accident. In Pennsylvania, the Police Report itself is not admissible in Court. So, whether a Report is done or not, if the case went to Court, you would still have to prove liability on the other driver. NOTE: Even though not admissible, the insurance company uses the Police Report to help them decide who is at fault. If you know of any witnesses, and no Police Report is done, it is important to obtain a witness statement from any witnesses.

Feel free to contact us if you have any questions or would like more information.

David Schreiber, Esq.
Personal Injury Accident Lawyer
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304

Do I have a personal injury case?--Injured from Fall on Ice in Montgomery County?

2011-05-07T18:11:00.000-07:00

Ok, so you fell because of ice, maybe in Collegeville, Pottstown, Royersford, Limerick or elsewhere. How do you know if you have a valid personal injury case?

It will depend partially on where you fell. Was it on the property of a business or an individual? Businesses are held to a higher standard of care to keep their property cleared.

It will also depend on what caused the ice to form and how long the ice had been there. Pennsylvania law requires that there be an unreasonably dangerous condition that the property owner knew or should have known about; and, that the landowner failed to treat or remove the dangerous condition. If there was a defective condition on the property that caused the ice to form (such as a leaky drain spout or a hole in a walkway), that is a clear example of an "artificial condition". Those are a strong argument for liability. Otherwise, if it is simply ice that formed as a result of precipitation, then there are two possibilities. One, if it was an isolated patch of ice (versus generalized icy conditions in the area), then the test is how long the property owner had to clear or treat the ice and what efforts if any they made to do so. If you fell in an area where there was a large solid sheet of ice, then there must have been a large enough amount of precipitation that it caused a "dangerous accumulation" of snow/ice that the property owner failed to treat or clear.

It is important to get photos of the area or condition where you fell if possible. Any witnesses to your fall or to the condition where you fell will be important.

Lost wages claims in Pennsylvania

2011-04-25T13:40:00.001-07:00

If you were in an accident and lost wages from work, you may be entitled to be reimbursed. How and when will depend on the type of case. If you were in a car accident, whether on Route 100, Route 422, Ridge Pike, Route 73, or another local road, and it was someone else's fault, then you have two potential sources to recover.

First, if you have wage loss on your own policy, you can apply for wage loss coverage. The advantage is that under your own policy, you can collect wage loss payments as you lose the wages- while the case is ongoing. Your insurance company will pay you up to the limits of your coverage (under "No Fault" benefits) after you miss 5 days from work. (There is a 5 day deductible in Pennsylvania for auto insurance wage loss "no fault" benefits).

If you don't have wage loss on your own policy, or, if your coverage isn't enough to cover all of your lost income, the insurance company for the other driver will be responsible. But, they most likely won't pay your lost wages until the end of the case.

If you were hurt because of a fall on ice or a defect or dangerous condition on someone or some company's property, you should find out if their insurance company had any "No Fault" benefits. They might have wage loss coverage.

Regardless of the type of case, if you were hurt as a result of someone else's negligence or fault, then under PA law, you are entitled to be reimbursed. This includes lost pay or salary you've lost since the incident and any loss of future ability to earn income (also called lost earning capacity). Loss of future earnings may require an expert - doctor and/or vocational expert or economist to calculate these losses.

If you have any questions, feel free to contact us.

What is Mediation in Personal Injury law suits?

2011-04-03T11:34:00.000-07:00

Mediation is when the parties to a civil law suit agree to essentially a settlement conference. They typically agree to hire a Mediator who is trained to get the two sides to hash out their differences to try to settle the law suit. A Mediaton is usually "non-binding". This means that the Mediator is simply making suggestions and recommendations to the parties. Either side can refuse to agree and the case is then not resolved. However, the fact that both sides agree to a Mediation and mutually select a Mediator means that each is obviously interested in trying to get the case done. The factors include reducing the risks of an uncertain result at trial and the often expensive costs of litigation (expert witnesses, depositions, etc). Mediators will typically charge according to a set hourly rate and they will need to review documents in the case as well as some type of Memo or Brief from the parties outlining the case. Still, the Mediator's costs will be less than what most cases will cost to go trough a full trial.

I have found Mediations to be an effective way to solve disputes and litigation. The ultimate goal as a personal injury litigation lawyer is to solve my clients' problems while achieving the best result possible. Often, giving the clients an opportunity to test their case in front of a good mediator is very effective. There are times when it is not, such as when an insurance company is not willing to commit to a fair Mediator or when the two sides are too far apart to make a Mediation work. In my personal experience, Mediations have resulted in a settlement about 70% of the time. Sometimes you leave the actual Mediation without a settlement agreement, but follow up with the Mediator does achieve and agreement. Another key is that you need to have the case prepared for trial. There is no substitute for lining up witnesses, taking the depositions of the key personnel of a corporate defendant and obtaining expert reports from treating doctors and qualified liability experts. Litigation and law suits are like a sport, one in which preparation is critical.

Car Hit By Drunk Driver on Route 422 or Route 100 or Route 73 And Need Lawyer?

2011-04-01T18:37:00.000-07:00

If you were in a car accident caused by a drunk driver, there are issues you need to consider. For example, where was the other driver coming from? Was he/she drinking at a bar? If so, the bar may also be responsible for "dram shop" liability. Another question is whether the other driver has valid insurance. The police will probably notify you to attend a preliminary criminal hearing for the at-fault driver. If so, you would be a witness as to whether the other driver appeared to show signs of intoxication. If you are limited tort and the at-fault driver either pleads guilty to DUI or is placed onto "ARD" (a type of suspended sentence), the DUI is an exception to limited tort. That means that you have no restrictions on your rights to recover bodily injury pain and suffering damages from the at-fault driver or his insurance company.

There are important items that need to be investigated as early as possible if you were hit by a drunk driver. Witnesses need to be identified, where the defendant drank, possible accident scene evidence could be photographed and your injuries should be photographed if possible.

Hurt in Motorcycle Accident Near Route 100 or 422 and Have Medical Bills ?

2011-03-28T11:35:00.000-07:00

If you were hurt in a motorcycle accident in Pennsylvania and have medical bills, it can be a difficult situation. Since Pennsylvania is a "no-fault" State for medical in accidents, it first goes to your insurance.

First, check with your motorcycle insurance. You might have medical coverage. If so, your insurance will pay up to the amount of the coverage. That's easy.

But, chances are, you won't have medical coverage on your motorcycle insurance (most policies do not in Pennsylvania and it's not required, unlike for car insurance). Then, you must look to your health insurance. If you have health insurance, show them proof that your motorcycle insurance doesn't cover medical.

If you don't have health insurance, you can be in a difficult situation. It is true that the person's insurance who was at fault is responsible for your unpaid medical bills. But, the problem is that their insurance company probably won't pay your medical bills unless you sign a release of any bodily injury claim. That is not a good idea if you have ongoing injuries. You might need to work with your medical providers to figure out something if you are making an injury claim. Sometimes your doctors will accept what is called a "letter or protection" that they will be paid at the end from the settlement or recovery against the at-fault insurance company.

If you are unsure, you should contact an experienced personal injury lawyer.

David E. Schreiber
(610) 792-3304

Where you drive and how long your commute is affects your insurance rates

2011-03-22T13:25:00.000-07:00

When you apply for insurance, your insurance company will ask how long your commute is. They will also consider where you live. These are factors which go into their "underwriting" formula for determining your rates. Obviously, whether you were ever in a car accident and were at fault will affect your rates. But, many people don't realize where they live and where they drive affect their rates too. If you are not sure how your insurance company came up with your rate, you are entitled to ask them for an explanation.

What roads are more dangerous?

Injured in a car accident on Route 100? Hurt in an auto accident on 422? Truck accident on the Turnpike or Route 73? These are all common locations in the Chester County, Montgomery County and Berks County areas.

Which road is more dangerous? My view is that they each have certain dangers. Route 100 has a lot of sharp turns in the area from Pottstown to Exton which are on hills. So, in bad or icy weather, Route 100 is a rough place to drive. On 422 a common auto accident involves heavy traffic, stop and go traffic and a rear end accident. Someone was driving too close for conditions.

The best thing to keep in mind is to leave a safe distance in front of you and go with the flow of traffic.

The Insurance Company Wants A Recorded Statement

2011-03-13T14:19:00.000-07:00

Let's say you were injured in a car accident and the other person is at fault. Their insurance company will likely call you. Your contact information will be on the Police Report. You probably should not give any statement, recorded or not, to the other person's insurance company. They are not "on your side". Their adjuster's job is to try to save their company money. They want to get a statement from you to hold it against you later. (NOTE: You likely have a duty to cooperate with your own company and if so, would have to provide your company with a statement upon request).

If you were injured from a fall on property, their insurance company may also request a recorded statement. You probably should not give any statement, recorded or not, to them either.

If you are unsure, you should consult with an experienced personal injury lawyer.

How Long Will My Personal Injury Claim Take?

2011-03-05T17:33:00.000-08:00

So you have unfortunately been injured and have a claim with the insurance company. "How long will the claim take?". This is a question that is asked often. There is no set time as to when you should try to settle your claim. It all depends on who you do medically. Keep in mind that you will have to sign a release of your claim to settle; once a release is signed, you can't come back later for anything.

Your best bet is typically to make sure your doctors have determined what your maximum medical improvement is before you settle your claim.

Keep in mind, that for personal injury cases in Pennsylvania, there is typically a 2 year deadline ("statute of limitations"). This means that if you do not settle your claim, you must file with the correct court before the statute of limitations deadline. If not, any rights you may have would end. You should consult with an experienced Pennsylvania personal injury.

A Few Things The Insurance Company Won't Tell You When You Have A Claim

2011-02-21T12:36:00.001-08:00

The other person's insurance company may have called you very soon after your accident. They may tell you a lot of things, but most likely they won't tell you these things:

- They are not on your side; the adjuster's job is to save the company money, not pay the full amount they owe you.

- You do NOT need to give a recorded statement to the other insurance company for them to adust the claim. In fact, you probably should not give them a recorded statement.

- If you have limited tort, you can still get pain and suffering (also called bodily injury) damages; and, the injury does not have to be permanent.

- If your car is totaled, you do not have to let the other person's injurance company move your car to their salvage lot; in fact, you probably do not want to agree to let them move it until you have agreed to a value on the property damage.

- You do not have to sign a medical authorization for the other person's insurance company

- They are professionals at this, do it every day, and what they tell you the claim is worth is not necessarily what you should settle for.

- People statistically net a better recovery when they retain a good lawyer.

If you have further questions, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

Am I entitled to Personal Injury damages for an aggravation of an pre-existing condition or injury?

2011-02-12T18:14:00.000-08:00

In Pennsylvania, if you had an existing condition which is aggravated due to an accident, then you are entitled to recover damages.

For example, you had a previous back condition for which you had medical treatment. You are rear-ended in a car accident and now your back is much worse. Pennsylvania law says that you have a valid claim for any aggravation of a condition caused by the negligence of the at-fault driver. So, the insurance company for the other driver will be responsible to reimburse you for the aggravation injury.

If your injury claim were to go to a jury trial, the Judge would refer to the Pennsylvania Standard Civil Jury Instructions when giving instructions to the Jur. "Aggravation" of a pre-existing condition has its own jury instruction. It is:

If you find that the Plaintiff did have a pre[-]existing condition that was aggravated by the Defendant's negligence, the Defendant is responsible for any aggravation caused by the accident.

Motorcycle Safety- National Highway Traffic Safety Administration

2011-02-01T17:34:00.000-08:00

Excerpt:

Riding Safely - NHTSA’s motorcycle safety program focuses on three areas: preventing crashes, preventing crash-related injuries, and limiting the seriousness of these injuries through appropriate emergency medical response.

--------------------------------------------------------------------------------
See link:

href="http://www.nhtsa.gov/Safety/Motorcycles">

Who is responsible if I Slip or Fall On Ice?

2011-01-24T08:41:00.001-08:00

In Pennsylvania, the law requires property owners to keep and maintain their property free from dangerous conditions that might injure an "invitee" or "licensee". Invitee or Licensee are legal terms. These basically mean anyone who has a right to be on the property.

Example: You fell on an icy sidewalk or parking lot at a store or business. You went there to buy something, or you were there for any business purpose. In this example you would be a business invitee and the business owner and property owner would be reponsible for any dangerous condition that caused you to slip or fall. This would include untreated snow or ice.

Example 2: You fell on an icy sidewalk of a store or business as you were walking by (you weren't going into the business). You would still be a public invitee. The business would still owe you a "duty" to keep the sidewalk free of any dangerous defects, including untreated snow or ice.

Example 3: You fall walking along a sidewalk of a private residence. Here, the property owner is required to keep their sidewalk clear of any dangerous defects, including untreated snow or ice.

Another example would be a defective condition to a property that causes ice to form. This would include a leaky gutter or downspout, snow piled up in a store parking lot that had melted runoff and then re-froze but was not treated or removed.

If you have been injured as a result of a dangerous accumulation of snow or ice, you could be able to recover wage loss, medical bills, harm resulting from bodily injuries, lost future earnings and other economic losses. The insurance carrier for the property owner may have "med pay" coverage. That is a separate coverage for medical bills. Keep in mind that you may not want to give any type of statement to an insurance company. You may want to speak with a lawyer before giving out any information to the property owner's insurance company. If you have any ability to get a picture of what caused you to fall, you should take the picture as soon as possible. Obviously, the snow or icy condition could and likely will change very soon after your fall. Even if you can get a picture with a camera phone, that is helpful to preserve evidence. If you fell at a store or business and you are able to inform them, you should do so. They may ask you to fill out an "Incident Report". You should be careful about filling out any written statement, particularly if they write it and ask you to sign it.

If you have any questions, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304
www.PAinjurycase.com

Settling a Personal Injury Claim of a Child in Pennsylvania

2011-01-15T13:45:00.000-08:00

In Pennsylvania, any injury claim of a child must be approved by the Court. The Court takes a special interest in minors because they want to make sure they are protected. This means that a Petition for Approval of a Minor's Compromise must be filed with the appropriate court. Basically, a request that the Court issue an Order finding that the settlement offer is approved. The Petition should typically include the amount of the settlement offer, the type of injury and the type of treatment and last/most recent treatment status of the child. It should also include a statement that the parents believe the settlement to be fair and reasonable. Most Courts will schedule a Hearing where the parents and child must attend. The Judge may ask questions to make sure the settlement is fair and the family understands the terms of the settlement. The Court, when approving the settlement of a child, will require that the money be put into an interest-bearing account at least until the child turns 18.

If you would like more information, feel free to contact us.

David Schreiber
PAinjurycase.com
610 792-3304
Emphasis on Personal Injury

The insurance company denied my claim- what now?

2011-01-07T21:00:00.000-08:00

If the insurance company denies your claim, you should not take that as a determination that you have no case. In fact, how do you know they're not just trying to get out of responsibility? What you need to remember is that insurance companies are experts in this field while you this may be the first time you have had a claim. Their job, is to save the insurance company money, plain and simple. Especially when you are dealing with the other person's insurance company after you have been injured. For example, in a car accident or if you fell on someone else's property.

WHAT YOU CAN DO

First, you can ask them to put in writing what their reason is for denying the claim. Under Pennsylvania insurance law (see for example Title 31 Pa. Code Section 145 and 146) the insurance company is required to provide what their basis is for their decision. They are supposed to respond to any letter or writing from you within 10 business days.

Second, you can consider providing them with additional documentation. You have to prove your claim with records. For example, medical records, wage loss records, receipts, photos. If so, you can send them a letter, fax or email requesting that they re-evaluate your claim.

If the insurance company insists on denying your claim, and you believe that you have a legitimate case, then you must consider filing a law suit. Often, insurance companies play a numbers game. Some companies that if deny claims on the belief that a certain percentage of people will simply give up and go away. Result: they save money. But, if you are one of us who won't just give up and go away that easily, then filing with the appropriate court is the next step. Filing a law suit can be a complicated process and one which you most likely will need an experienced lawyer. You must also correctly file the suit papers and serve the correct responsible parties. Often, cases are still settled after suit is filed with the case going to a trial. To get the case resolved, however, you must take the correct steps toward trial, such as requesting documents, serving "interrogatory" questions on the other party(ies), taking depositions and obtaining expert reports.

If you would like more information, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
PAinjurycase.com
(610) 792-3304
deschreiber@thomaswolpert.com

Can a homeowner who hosts a party be liable in Pennsylvania for a car accident?

2011-01-02T19:27:00.000-08:00

In Pennsylvania, it depends on whether the person drinking was an adult or a minor. the general rule is that there is no "social host liability". This means that if you have a social gathering or party at your house where alcohol is served, you do not have legal liability if one of the guests leaves and injures himself or someone else driving drunk. The exception is that if you knowingly serve minors alcohol or knowingly allow minors to drink alcohol at your house, and then one leaves and injures himself or someone else in a car accident, you can be held responsible.

The bottom line is that you are not legally responsible for accidents or injuries that happen off of your property as a result of an adult drinking alcohol at your house. Understandably, Pennsylvania law will hold a knowing homeowner responsible when an injury or accident off of your property happens as a result of a minor drinking alcohol at your house.

In Pennsylvania, the Dram Shop Act holds businesses which possess a liquor license responsible for serving a visibly intoxicated patron who then causes an accident off the premises.

David Schreiber
(610) 792-3304
www.PAinjurycase.com
Of Counsel
Law Offices of Thomas Wolpert, PC

What is a "statute of limitations" and what is the time limit in Pennsylvania?

2010-12-26T06:34:00.001-08:00

The "statute of limitations" is a time deadline for filing a legal case. Depending on the type of case, the time is measured to start from an event. For example, where there has been a car accident, the time would be measured from the date of the car accident. For a contracts case, the time would typically start from either the date the contract was broken by one of the parties or possibly from the date it was signed.

For personal injury cases in Pennsylvania, the general rule is that the statute of limitations is two years from the date of the incident. There are some limited exceptions. (For example, in a limited tort car accident case, the deadline may be extended to be two years from the date that you knew or should have known that your injury met the "serious injury" requirement of limited tort). There are also some other exceptions where a government agency or entity is involved. (For esample, in a case involving a claim that a state or local highway or road was defective, there is a requirement to give written notice to the state/local agency within 180 days). It is recommended that you check with an attorney to get an opinion as to the applicable deadlines on your case.

HOW TO MEET THE STATUTE OF LIMITATIONS

The statute of limitations deadline in Pennsylvania for injury cases or insurance cases is met when you file a case with the appropriate court. This is typically done by filing either a Civil Action Complaint or a Summons in either the correct County Court or the Federal Court. In some situations, you may be able to file with the District Justice. You must then also serve the suit papers on the opposing party(ies). An attorney should be consulted as to which court to file the suit and what should be filed.

WHAT HAPPENS IF NOTHING IS FILED BY THE DEADLINE?

If the case is not filed with the appropriate court by the deadline, then the statute of limitations by law terminates any legal rights you may have had. You generally can not go back later and file.

If you would like more information, feel free to contact us.

David E. Schreiber
(610) 792-3304

How Do My Medical Bills Get Paid After A Car Accident in Pennsylvania?

2010-12-07T12:06:00.001-08:00

In Pennsylvania, it's called "No Fault" for medical coverage for a car accident. This means that, regardless of who is at fault, your medical bills are covered under your own car insurance policy (up to the limits of your coverage). In Pennsylvania, the state minimum for medical coverage on auto policies is $5,000. You are required to have at least $5,000 in medical coverage on your policy. Also, the medical coverage "follows the person". That means that your medical coverage under your auto insurance still covers you even if you are driving, or a passenger in, someone else's car.

If you don't own a car or live with a blood relative that has car insurance, you could still be eligible for medical coverage. If so, if you are in someone else's car, their medical coverage would then apply for you.

Pennsylvania Search of Court Records... online

2010-11-20T06:16:00.000-08:00

This is how to search for court dockets on criminal matters.

Go to the Administrative Office of Pennsylvania Courts at this link. You can search by individual, or docket number.

edit and paste into your web browser:

http://ujsportal.pacourts.us/docketsheets/cp.aspx

The Insurance Company says I am "Comparatively Negligent". What does "comparative negligence" mean in Pennsylvania?

2010-11-02T11:19:00.000-07:00

The insurance company may be telling you that they either won't pay or they won't pay what's fair because they are claiming you are "comparatively negligent". This means that they are claiming you were partially at fault. In other words, they are saying you did someting unsafe, or "negligent", which was a cause of your injury.

For example, you fail to see a hole or defect in the floor in a store and fall. The store's insurance company may argue that you weren't looking and should have seen the hole or defect.

In Pennsylvania, an injured person can not recover if his or her negligence is greater than the negligence of the defendant or defendants against whom the recovery is being sought. (42 Pa CS Section 7102). If a court found your negligence to be more than 50% of the cause of the cause, then you would not be able to recover any damages. As long as the defendant was at least 50% at fault, you could recover damages, but your damages would be reduced by the amount you are found to be "comparatively negligent". For example, if a jury or judge found that you were 25% comparatively negiglent and the defendant was 75% at fault, the jury (or judge if in a non-jury trial) would then have to decide the dollar amount. Say, the damages were found to be $40,000. They would then be reduced by the percentage of comparative negligence (25%) for a net of $30,000.

If you would like more information, or have a question, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

http://www.PAinjurycase.com

Dog Bite... "Do I have a case?" and "Is there a 'one free bite' rule" in Pennsylvania?

2010-10-26T14:46:00.000-07:00

The most important things to know if you are wondering if you have a case:
1. was the dog that bit you unleashed?
2. was the dog roaming free off the property of its owner?
3. was the dog not under any person's control?

If the answer is yes to any of those three questions, most likely, there is a legal case for negligence.

THE LAW

In Pennsylania, an unleashed dog off the premises and/or not under someone’s reasonable control is a violation of Dog Law, 3 P.S. 459-305 (“Confinement of Dogs”). A bite occurring by such an unleashed, roaming dog off the premises in violation of Section 459-305 does not require you to prove the dog had a "dangerous propensity". (Miller v Hurst, 448 A2d 614 (Pa Super 1982): “The restraint requirement of the dog law is the standard to be utilized in determining whether a person has complied with the common-law duty to exercise ordinary care; (3) an unexcused violation of the dog law is negligence per se; and (4) evidence that defendant intentionally allowed his dog to run without restraint prior to time plaintiffs' six-year-old child was bitten by dog and injured was sufficient to make out a prima facie case of negligence.”; Liles v. Balmer, 567 A.2d 691 (Pa Super 1989): where dog ran out into street causing moped crash, “prima facie case of negligence can be established by evidence that dog has been allowed to run without restraint in violation of the dog law. 3 P.S. § 459- 305. Evidence of prior lack of restraint which permitted dog to run into street was not relevant in action arising from moped accident to prove negligent lack of control of dog at time of accident. 3 P.S. § 459-305.”)

WHERE THE DOG BITE HAPPENS ON THE PROPERTY OF THE OWNER

You must prove the dog had a "propensity to bite/attack". An old version of the law was referred to as the "1 free bite rule". This is no longer the case. If the dog bite happened on the owner's property, the "propensity to bite/attack" can be proven by the bite to you itself. Commonwealth v. Hake, 738 A.2d 46 (Pa. Cmwlth. 1999) (and Section 502A of the Dog Law) (the Hake case permitted a finding of a "propensity" to attack human beings by virtue of the attack in question, even if it is only the first attack).

If you have any questions or would like more information about the Pennsylvania Dog Law, feel free to call us.

David E. Schreiber
Of Counsel
Law Offices Of Thomas Wolpert, PC
(610) 792-3304

www.PAinjurycase.com

Why won't the insurance company pay for my lost wages?

2010-10-19T08:31:00.000-07:00

If you have been in a Pennsylvania car accident and have missed time from work, you may be able to get lost wages repaid. The first thing you want to do is check your own car insurance policy. Even if the other person is at fault, you have something called "no fault" coverage on your policy. You may have wage loss coverage on your policy. If you do, the advantage is that you can apply for and collect lost wages as you are losing the time. (If you don't have this coverage, ask your insurance agent to have it added onto your policy. Or, if you want to switch insurance companies, ask about this coverage. It is not expensive). If you don't have wage loss coverage under your own policy, then the at-fault driver's insurance company would owe you lost wages. The problem there is that the at-fault insurer likely won't pay your lost wages without a full release of all claims. You won't want to sign any release unless you are done with your case. So, you may be stuck waiting to be repaid the lost wages until the end of your case (meaning, if you are also making a claim for bodily injury).

The bottom line is to make sure you have wage loss coverage under your own policy: it's not expensive, and it will pay you as you lose the time from work.

If you have any questions, feel free to contact us for a free evaluation/consultation.

David E. Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304
www.PAinjurycase.com

Motorcycle Accident Cases

2010-10-11T14:48:00.001-07:00

I recently had depositions in a motorcycle accident case in which our client was hit at night by a car. Our client had extra lighting on his motorcycle for more visibility at night. High-definition lighting was added. It seems like a good safety feature to add to a motorcycle. Also, if you are injured in a motorcycle accident, it is a good idea to take a look at your operator's manual. In our case, the defendant was claiming our client made some steering manuevers just before the crash. In the information provided in the operator's manual of the motorcycle, it shows that such claims were all but impossible for this type of motorcycle.

Make sure you save any receipts for custom parts to the motorcycle. It is interesting that the major insurance companies do not have a set formula for valuing the property damage, market value, of motorcycles which are totaled in a car accident. With a car, they simple apply their formula valuations and then try to argue from there. However, with a motorcycle, they will usually tell you to get and supply your own estimate from a qualified dealer or appraiser.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

www.PAinjurycase.com

Can I Get Pain and Suffering Damages If I Have Limited Tort On My Car Insurance In Pennsylvania?

2010-10-04T08:36:00.000-07:00

http://www.hg.org/article.asp?id=19923

What is a Deposition?

2010-10-01T12:14:00.000-07:00

A deposition is a question and answer session in a legal case. In Pennsylvania, during a civil litigation lawsuit, both sides are allowed to seek "discovery". This means they are allowed to take depositions of witnesses to find out what the witnesses know and would say in court. The deposition is "transcribed" by a stenographer. That is, the stenographer will take down everything that is said and print it out in a transcript, so that there is a record of what is said. The deposition is under oath- you are sworn in to tell the truth.

In court, a witness can be cross-examined using their deposition transcript (that is, if they said something different than what they said in their deposition).

If you are scheduled for a deposition and are one of the parties in the lawsuit, your lawyer will typically meet with you before the deposition to prepare you for what will be asked and what you will need to know.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC

serving: Berks, Chester and Montgomery Counties
Personal Injury Lawyers

What does "No Recovery No Fee?" really mean?

2010-09-18T04:23:00.000-07:00

The "Contingency" Fee is a fee agreement with a lawyer in which your fee is dependent on the outcome of the case. Typically, this means that if the lawyer doesn't win the case, there is no fee. You should look out for the fine print. Often, law firms advertise that there is no fee if they don't win your case, but you are still responsible for "costs". "Costs" typically are expenses during the case such as court filing fees, deposition/stenographer bills, expert bills, or costs for getting medical records. Ask the lawyer if they will still bill you for the costs if they don't win. Also, ask who is responsible for paying the costs up front. Some lawyers may even make you pay for those costs during the case.

A reputable personal injury lawyer or personal injury firm will not only agree to a "contingency fee" and to advance those costs (pay them up front), they will agree that if they don't win your case, they will eat those costs and not bill you.

If you would like more information, free free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

Accident Injury Lawyers

How do you know if you have a Product Liability Case?

2010-08-31T06:24:00.001-07:00

A "product" in Pennsylvania law is anything that is a tangible item that is manufactured and sold. The Pennsylvania Law follows what is called the "Restatement of Torts" and explains that a "defective product" is one that is unsafe for any of its expected uses. So, to figure out if you have a case for product liability in Pennsylvania, there are four key questions.

Here are the four keys to whether you have a products liability case in Pennsylvania:

One, Were you injured using a product?

Aside from the the obvious "injury" requirement, you need to have been in the course of using a "product". As mentioned, a product is a tangible item, which is manufactured and/or sold. A "service" which you paid for is not a product. An example of a product would be a car, bicycle, exercise equipment... you get the picture.

Two. Was the product unsafe for its intended or expected use?

Here, the first key is whether the product lacked something which would have made it safe. For example, should there have been a protective guard on a machine, or should there have been some type of fail-safe mechanism like a pressure release valve on a furnace.

Also, if you were clearly mis-using the product in a way that would be unexpected, then that would prevent you from winning a case. An example of misuse would be you were standing on a ladder sideways to use it as a walkway for scaffolding.

Three. Was the product at the time of the incident happened in the same condition as it was at the time it was manufactured or sold?

Here, if you or someone "substantially" changed the product AND that change was a cause of the injury, then you would not win a product liability case. An example would be you removed the guard off a circular saw or a machine and used it and cut your hand. But, a change that is not substantial and was not related to the cause of the injury would not lose your case. For example, painting a car a different color or changing a side mirror on a truck but the injury results from defective brakes.

Four. Do you have enough "damages" to make the case worth pursuing financially?

Product Liability cases are typically both expensive and time-consuming. They usually require you to hire an expert to inspect the product and give a conclusion as to whether the product was defective. If you did not have a serious injury or the injury went away within a short time, you probably do not have enough damages to make a case worth pursuing.

If you can answer yes to those four questions, then you probably have a case for an unsafe or defective product.

If you have any questions, feel free to call us for a free consult and evaluation of your case.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
610-792-3304

http://www.PAinjurycase.com

Injury Accident Lawyers serving Royersford, Boyertown, Phoenixville, Collegeville, Pottstown, Birdsboro, Schwenksville, Douglassville, Stowe, Montgomery County, Berks County, Chester County

How Motorcycle Insurance is Different that Car Insurance in Pennsylvania

2010-08-28T08:59:00.000-07:00

If you have been in a motorcycle accident or are buying motorcycle insurance, here is some information about how motorcycle insurance is different than car insurance.

If you've had a personal injury accident or motorcycle accident, you will want to be insured correctly for damages.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC

610-792-3304

www.thomaswolpert.com

Can You Sue in Pennsylvania for a Sexual Assault?

2010-08-19T09:03:00.000-07:00

In Pennsylvania, aside from a criminal case, a victim of a sexual assault can bring a civil case for the assault. There are, though, some realties to consider. First, the biggest question is that the defendant who committed the act may likely not be able to personally pay an award or judgment. Then, the question becomes, is there any insurance coverage. Most likely, the defendant won't be covered under personal insurance for an intentional act. However, there may be a third-party who is also responsible. For example, if it happened at a public place, such as a parking garage, bar, or commercial property, there may be a case for negligent security.
Another instance could be if it occurred at a place of employment, or the defendant was or should have been under the control of a company or some other third party.
The potential grounds for negligence of such a third-party could also include:

Negligent retention/hiring of employees
Negligent failure to supervise their employees
Premises liability or
Negligent failure to supervise child-victims

These are obviously very traumatic and emotional cases. Potential claims for damages can include:

Pain and Suffering
Negligent Infliction of Emotional Distress and/or
Intentional Infliction of Emotional Distress
Invasion of Privacy
Assault
Battery
Negligence (by a third-party)
Lost wages/earnings
Medical Bills

If you would like more information, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304

www.PAinjurycase.com
www.thomaswolpert.com

Warning: Using your car as a delivery driver - what happens to your car insurance

2010-08-01T13:29:00.001-07:00

Many people use their own car for a job like delivering pizza. They don't think to consider what happens with their insurance coverage.

If you do not inform your insurance company that you are using the car for a job like a delivery driver, you may not be covered! In other words, say you are driving your car delivering pizza and you are involved in a car accident. Your insurance company may determine that use is not covered under your policy. That business use was not contemplated when they determined your premiums- they will say that they did not insure you for that loss.

We recommend that you contact your insurance company or agent to inform them you are starting such a job. If it does raise your rates, you should consider that as to whether you still want to take the job. It's better to be safe and let them know than to find out when it's too late that you don't have coverage for an accident.

If you have more questions, feel free to call us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
610-792-3304

Serving: Royersford, Limerick, Pottstown, Collegeville, Phoenixville, Schwenksville, Boyertown, Douglassville, Birdsboro, Gilbertsville, Montgomery County, Berks County, Chester County.

What is "Stacking" on my car insurance policy?

2010-08-01T13:24:00.000-07:00

For car insurance, "stacking" means you can "stack" or multiply your underinsured motorist and uninsured motorist coverages times the number of vehicles / cars on your policy. So, if you have 2 cars in your household on your car insurance policy, and you have $50,000 in underinsured and uninsured, buying stacking gives you $100,000 in coverage. This is typically worth the price. The premium for stacking is not usually a lot. Ask your insurance agent.

If you have more questions about car insurance, feel free to call us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.

serving: Royersford, Limerick, Pottstown, Douglassville, Phoenixville, Collegeville, Birdsboro, Boyertown, Schwenksville, Gilbertsville, Montgomery County, Chester County, Berks County.

www.PAinjurycase.com

Does an Underinsured Motorist Claim affect my insurance rates?

2010-07-20T20:22:00.000-07:00

When you purchase Underinsured Motorist Protection under your insurance policy, you are pay premiums to protect you and your family. You are protecting yourselves against the careless driving of others. More specifically, you are buying protection for those other drivers who don't have adequate insurance. The Pennsylvania State Minimum insurance coverage is only $15,000 for liability. So, if your damages are more than $15,000, your Underinsured Coverage would kick in to cover you for the excess.

Ask your agent for quotes.

If you would like more information about Underinsured and Uninsured Motorist Coverage, feel free to contact us. There is no cost to speak to us about car insurance coverage.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
610-792-3304

www.PAinjurycase.com
www.Thomaswolpert.com

Buying Motorcycle Insurance

2010-07-13T22:57:00.000-07:00

If you are buying motorcycle insurance, there are some different things to consider than when buy regular auto coverage. For car insurance, Pennsylvania Law requires a minimum of $5,000 in medical coverage, also called "no-fault" or PIP coverage. With motorcycle insurance, medical coverage is not mandatory. In fact, many motorcycle insurers don't provide medical.

CONSIDER:
If you have no health insurance, you should look for a motorcycle insurer and policy which carries medical coverage. This is because if you have no medical coverage on your motorycle, then your health insurance covers it.

WHY WOULDN'T THE AT FAULT DRIVER'S INSURANCE PAY MY MEDICAL BILLS?
The insurance company for the driver that hit you on your motorcycle IS responsible for your unpaid medical bills. But, they typically won't pay them until you sign a full release of claims. So, while your injury and/or medical claim is open, you would be stuck with unpaid bills if you have no medical on your motorcycle policy or no health insurance.

For more information and tips about buying motorcycle insurance, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304
www.PAinjurycase.com

Serving: Royersford, Limerick, Collegeville, Pottstown, Boyertown, Gilbertsville, Birdsboro, Douglassville, Route 422 Corridor, Montgomery County, Chester County, Berks County

American Association for Justice Calls for Increased Auto Safety Legislation

2010-07-01T11:58:00.001-07:00

According to the American Association for Justice, The US Congress should increase accountability for safety violations. AAJ also calls for the improvement in disclosing “early warning” dataand brake-override systems in all new motor vehicles.

The US Senate Commerce, Science, and Transportation Committee is having a hearing on safety laws for automobiles.

According to AAJ, this is resulting from the situation with the Toyota Sudden Acceleration problems. AAJ in its press release indicates Toyota “deliberately delayed alerting the National Highway Traffic Safety Administration (NHTSA) about possible defects from their vehicles’ accelerator pedals and floor mats. NHTSA imposed a maximum $16.4 million fine over the sticking pedal defect – which could have been as much as $13.8 billion or $6,000 per car for the 2.3 million vehicles that were recalled – had the agency not been confined to a penalty cap.”

The AAJ’s Press Release is also asking the Legislature to do the following:

“Increase civil penalties. Currently, the limit on civil penalties is $16.4 million, not an adequate deterrent to report safety problems. “ AAJ is proposing there be “no maximum limit on fines to ensure manufacturers promptly disclose safety problems, or risk hefty penalties. News reports indicate Toyota often dragged its feet over safety recalls here in the U.S. For example, in October 2004 Toyota issued a recall of 330,000 vehicles in Japan to replace the steering relay rods. A recall was not issued until a year later in the U.S. for the same defect, leaving unsafe automobiles on the road while Toyota continued to profit.”

“Enhanced disclosure. Further public disclosure of “early warning” data that auto manufacturers submit to NHTSA quarterly will provide consumers with the ultimate weapon – the ability to know if there might be a problem with their vehicle or one they plan on purchasing.“

“Require “black box” event recording on vehicles. New vehicles should be equipped with recorders to detect crash information, such as the ones required on airplanes. Data recorders help investigators identify exactly what happened when an accident occurred and more easily assess malfunctions and safety hazards.
“Require a brake-override standard. This would stop any vehicle once normal braking pressure is applied, even when the throttle is open.”

For more information, and the full text of the Press Release, go to www.justice.org

If you would like a free consultation on Pennsylvania personal injury matters, feel free to give us a call.
For more information, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304

serving: Royersford, Pottstown, Limerick, Boyertown, Phoenixville, Douglassville, Collegeville, Gilbertsville, Birdsboro, Montgomery County, Berks County, Chester County.

Worried about your PECO Electric Bill going up? Voice your complaint...

2010-06-27T16:52:00.001-07:00

The Pennsylvania Public Utility Commission controls electric rates in Pennsylvania.
On Tuesday, June 29, the "PUC" will be holding a hearing for PECO Electric and Gas Distribution customers weigh in on the company's proposed electric and gas rate increases.

The hearing will at 6 p.m. at the Worcester Community Hall, 1721 Valley Forge Road.

PECO has filed a petition before the PUC for an approximate $316 million increase to its service.

If approved, the bill for a residential customer using 500 kilowatt hours (kWh) would go up by 10.1 percent to about $89.

Customers have the opportunity to voice their views to the PUC Hearing Judges. PECO representatives will be present.

For more information, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304

serving: Royersford, Pottstown, Limerick, Boyertown, Phoenixville, Douglassville, Collegeville, Gilbertsville, Birdsboro, Montgomery County, Berks County, Chester County.

Dangerous Roads Article

2010-06-14T21:35:00.000-07:00

Nice article by MSNBC about Dangerous Roads in the U.S.

http://www.msnbc.msn.com/id/7844269/ns/dateline_nbc//

Drunk Driving Fatalities in Pennsylvania

2010-06-13T12:14:00.001-07:00

In 2008, the National Highway Transportation Safety Authority determined that 34% of all traffic fatalities involved a driver who was .08% or higher blood alcohol content. This is a staggering figure, but is down from the 52% from the 1982 study.

If you or a loved one is injured by a drunk driver, call us for a free evaluation. We are experienced in handling these cases and have been recommended by Mothers Against Drunk Driving to victims of drunk drivers.

David E. Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

Serving: Royersford, Pottstown, Phoenixville, Birdsboro, Limerick, Douglassville, Boyertown, Collegeville, Montgomery County, Berks County areas

Volkswagon Recalls Minivans

2010-06-12T03:59:00.000-07:00

According to the AP, Volkswagen AG is in the process of recalling about 16,000 minivans, the "Routan", because of fire concerns on the sliding doors.

Volkswagon has indicated the recall is for 2009 minivans. They are built in Windsor, Ontario at Chrysler's plant.

Recently, Chrysler recalled almost 285,000 Dodge Grand Caravan and Chrysler Town & Country minivans. Those recalls were due to fire concerns inside the sliding doors.

If you would like more information, or would like to speak to a personal injury attorney, call us.

David E. Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
610-792-3304

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Montgomery County Berks County

Gulf Oil Spill- Huge Legal Implications

2010-06-05T16:41:00.000-07:00

As a result of the Exxon Valdez spill in 1989, the 1990 Oil Pollution Act was created. That case took about 20 years to complete and obtain compensation for the victims. According to UPI sources, the company that owns the drilling rig that exploded in April, it has asked the court for a cap on its damages exposure under an old law dating back to the 1800's. The judge hearing that request has suspended many claims against drilling rig company. That company leased the drilling platform and rig to BP. That matter is pending.

Already, Louisiana lawyers are working on a suit against BP for commercial fishermen and businesses affected by this spill, according to UPI.

Under the Oil Pollution Act of 1990, the responsible company designated by the US Coast Guard, can be liabile for up to $1 billion for cleaning and repair to natural resources. It also allows for $75 milliion for victims in lost income damages.
However, that does not include negligence/tort civil suits. So, in the end, a responsible company, if found negligent in civil suits, could pay much much more.

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David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
610-792-3304