There is a great deal more debate over whether the risk of injury or death could be mitigated by making the wearing of motorcycle helmets mandatory in Pennsylvania. And the rhetoric ginned up somewhat recently after a report by one state newspaper noting that in the 10 years since repeal of the state's mandatory helmet law, motorcycle fatalities have been on the rise.
]]> According to the report, since 2003, motorcycle crash deaths have risen 35 percent. That covered the span of time up through 2012. So far in 2013, things have not shown any great signs of improvement. In the western part of the state alone, since the start of May, six people have died in motorcycle crashes. All but one of the victims was helmetless, police say.Still, some might argue that the data from the 2003 to 2012 time frame is rather more inconclusive. Of 210 reported deaths, 100 people were wearing helmets; 104 were not. It's not clear what the situation was in six cases.
Statistics aside, it does not appear likely that the issue of mandatory helmet wear is going to see support in the state legislature. The lawmaker who introduced the voluntary helmet law says it took 15 years to get it passed and signed into law. He says it would be just has hard a job to get it reversed.
Meanwhile, motorcycle vehicle registrations have gone up by 53 percent since 2003. Logic would dictate that more riders means more accidents are likely, as are more injuries and fatalities. And that is spurring on the debate.
What do you think? Should helmets be mandatory, or is it an issue that deserves more study?
Source: TribLive.com, "Motorcycle deaths in Pennsylvania climb in 10 years since repeal of helmet law," Aaron Aupperlee, May 25, 2013
]]>As most readers likely know, the collapse occurred Wednesday morning. Workers had reportedly been on the site for some weeks demolishing a four-story structure that was right next door to a Salvation Army thrift store.
]]> High brick exterior walls apparently were still erect, but witnesses claimed they appeared precarious, prompting predictions that a collapse was going to happen. Just ahead of the collapse witnesses reported hearing a couple of loud bangs when a crane struck the wall. Then it fell and it came down right on top of the thrift store, making it crumble. Inside were an uncertain number of people.Good Samaritan's in the busy area, some passersby and some demolition workers, leaped into action and managed to rescue some of the victims before first responders reached the scene. Then officials took over and the hard work of search and recovery began.
Emergency crews worked through the night Wednesday and were rewarded just before midnight with the recovery of a 61-year-old woman. She had been trapped in the wreckage for 13 hours and is now hospitalized in critical condition. She was one of at least six people who were taken to the Hospital of the University of Pennsylvania. According to CNN, two were treated and released and three others remain in stable condition.
Despite claims of some witnesses that they knew the walls were sure to come down, city officials say there is no indication of violations of work safety rules at the site. Still, the federal Occupational Safety and Health Administration says it will be investigating the site to determine the cause of the collapse. Results of that probe will likely not be available for six months.
Source: CNN, "Philly mayor: Probe of building collapse under way," Ashley Fantz and Sarah Hoye, June 6, 2013
]]>That theory is what appears to be behind a suit filed recently against Nordstrom Inc. According to the court papers, a Huntington Valley woman and her husband were getting out of their car in the parking lot of the Nordstrom outlet in King of Prussia in May 2011. As she was climbing out, she apparently stepped into a pothole in the parking lot and fell and wound up breaking her neck.
]]> Also named in the suit are various co-defendants who are alleged to have responsibility for properly maintaining and controlling the lot near the King of Prussia Mall where the fall occurred. The suit says their combined negligence and disregard resulted in the victim having to undergo significant medical care at heavy financial cost.The lawsuit alleges that because of the fall, the woman suffers agonizing pain, disability and emotional and mental distress. The complaint says she is prevented from pursuing her normal activities now, and is likely to be hindered from normal life for an indefinite amount of time into the future. In compensation, the woman and her husband are seeking more than $75,000 in damages.
Source: Norristown Patch, "Woman Sues King of Prussia Nordstrom After Injury in Parking Lot," Keith Heffintrayer, May 14, 2013
]]>Indeed, in some instances as Pennsylvania personal injury attorneys well know, they dig in their heels and pull and circle the wagons to prevent regulators from making them take common sense action.
]]> Such seems to be the heart of the story regarding a device called the SawStop. It was developed in 1999 by a patent lawyer and handyman. It's really something of a stroke of genius. It entails the use of a weak electrical charge applied to a table saw blade. When a human finger comes into even the slightest contact with the blade, a sensor detects a drop in the current and a spring-loaded wedge stops the blade in a millisecond.It happens so fast that about the worst thing that happens to the user is a minor injury.
At first, the inventor sought to shop the device around to all the major makers of table saws. He thought it would be a slam dunk sell and that he'd license the technology in a flash. What he got, though, was a unified, "meh." Eventually, he started his own saw company.
This came in the face of government statistics showing that some 67,000 workers and home handy people suffer injuries from table saws. Of those, some 33,000 send people to the emergency room. Four-thousand individuals lose fingers or worse. The estimated annual cost in terms of medical bills, lost wages, pain and suffering is thought to be about $2.3 billion.
So why hasn't this technology been adopted across the board? Well, according to the creator of SawStop, apparently safety doesn't sell. That's what one tool making executive told him when he pitched his product in 2000. There also have been indications that individual companies have held off applying the technology because as an industry they realize that product liability risk could be elevated if it gets widely adopted.
Some 150 liability suits have generated against power tool makers since SawStop saws hit the market. About half of them have settled out of court.
Perhaps the brakes will only be applied once the liability price point has hit some as-yet-unknown ceiling.
Source: MotherJones.com, "Saws Cut Off 4,000 Fingers a Year. This Gadget Could Fix That," Myron Levin, May 16, 2013
]]>For readers who may not be aware, the trigger of the emergency was the crash yesterday morning of a fully loaded semitrailer tanker truck. Authorities say the truck carrying diesel fuel was taking an on-ramp that crosses over Interstate 81 just north of the Susquehanna River.
]]> For reasons yet to be determined, the truck tipped over and exploded in flames. The heat from the fire buckled the affected section of the on-ramp. Fiery fuel dripped off the site onto the freeway below. Officials say the integrity of the structure is so badly damaged that they’re worried it could collapse. Because of that, I-81 has been closed in that area until further notice.The only injuries reported as a result of the crash are to the 52-year-old truck driver. The nature of his injuries isn’t clear, but they are said to be minor. At the time this is being written, it’s believed he is still hospitalized.
The disaster proclamation by the governor means that state officials have the go-ahead to pour resources into getting repairs done and things back to normal on an accelerated basis.
Just how much it will all cost is impossible to say at this point, and to what extent the operator of the truck might held liable is unclear. Current estimates of the damage to the overpass currently stand at more than $10 million. State officials also say that they’re going to have to contain and clean up some 2,000 gallons of fuel that spilled into nearby waterways.
Perhaps more significant is the broad economic effect that the closure of the freeway could have. The governor says that not only does the crash disrupt life for the thousands of individuals who rely on the thoroughfare for their daily activities, but he says it could have staggering consequences on commerce throughout the Northeast U.S. and Mid-Atlantic states.
Source: WPMT-TV, “Governor signs disaster emergency proclamation after fuel tanker fire closes I-81 outside Harrisburg,” Howard Sheppard, May 10, 2013; LehighValleyLive.com, “I-81 near Harrisburg to be closed several days due to tanker truck fire,” Associated Press, May 9, 2013
]]>There is sure to be grief when a fatal crash occurs for truly accidental reasons; a sudden blowout that causes a driver to lose control, say. When the crash occurs because of the conscious decision of a person to drink and drive, the anguish is close to immeasurable.
]]> This seems to be the clear feeling of the father of a 24-year-old Chesterbrook man who died late last month from injuries suffered after the motorcycle he was driving collided with a pickup truck that suddenly had turned into his path.Police say the 49-year-old pickup driver from West Chester appeared to be drunk at the scene. Indeed, they say he failed several sobriety tests and was arrested on suspicion of driving under the influence of alcohol or a controlled substance. While the man is being held, he has not been formally charged at the time this post is being written.
According to court records, the pickup driver has a long history of DUIs. He pleaded guilty in five previous instances. Despite that, prosecutors in Chester County suggest that the man may have been driving legally. They say he would have been eligible as of 2012, presuming all appropriate paperwork had been completed. Reports about this tragedy, though, don’t say whether all the provisions had actually been met.
The dead victim’s father says he can’t believe that any person with that kind of record could be allowed behind the wheel of a car. If he had his way, there would be no mercy and the driver would go away for life.
The prospect of filing a wrongful death lawsuit may still exist for the victim’s family. The compensation that such action could bring can’t ever make up for the loss suffered, but it might provide the family with an additional measure of confidence that the person responsible has been held accountable.
Source: WCAU-TV, “Driver in Deadly Crash Had 5 Prior DUIs: D.A.,” David Chang, April 30, 2013
]]>Based on current available statistics, the number of fatal injury motorcycle accidents across the nation is expected to top out at about 5,000 for all of 2012. The estimate is based on a state-by-state count of motorcycle accident deaths for the first nine months of the year. If it proves to be accurate, it would be an increase of about 9 percent over 2011.
]]> According to the Centers for Disease Control and Prevention and the Governors Highway Safety Association, increasing helmet use among motorcycle riders should be a top priority in every state. But not just any old helmet; they say the emphasis should be on the wearing of helmets that meet federal government safety standards.Right now, officials note, just 19 states and the District of Columbia have laws that require all drivers and passengers on motorcycles to wear helmets. Twenty-eight states, including Pennsylvania, have partial helmet laws under which certain people have to wear helmets, but others who meet certain criteria have the option of going without.
CDC data shows that where the option exists, helmet use declines. And where declines occur, death rates go up. Additionally, the data indicates that the cost of healthcare for treating motorcycle injuries rises. The government says the U.S. could have saved about $1.5 billion in 2010 if all motorcyclists involved in accidents had been wearing helmets.
To this point, all the emphasis has been on motorcyclists doing more to wear proper safety gear. There isn’t much riders can do if other drivers don’t see them. That being the case, it’s clear that awareness needs to be heightened among all drivers. Even then, accidents will happen and victims of such wrecks should not be shy about getting in touch with an attorney to be sure all their rights are protected.
Source: WTXF-TV, “Motorcycle deaths continue to climb,” Health Day News, April 24, 2013; Centers for Disease Control and Prevention, “Injury Prevention & Control: Motor Vehicle Safety,” undated
]]>Failure to do the minimum means unsafe conditions and the law looks dimly on property owners who don't take the necessary measures to be sure that all that can be done is being done to ensure people's safety. Lack of diligence can lead to possible injuries or even deaths. Those responsible should expect to be held accountable. Those who suffer loss should feel confident that the responsible parties will be.
]]> Right now there are a lot of questions being raised about liability after the horrendous fire and explosion that leveled a fertilizer plant last week and a good portion of the surrounding town. People in West, Texas, are still working on recovery after the massive eruption that to this point has killed 14 people, injured hundreds and left dozens homeless.In the wake of the disaster a lot of questions have started to be asked about why it was that there wasn't more distance between the plant and the rest of the town. And why was it that the facility was able to collect and store tons of explosive chemicals without notice. The only evident answer at this point is that there was a widespread attitude of complacency.
According to media reports, there were at least seven state and federal regulatory agencies that were supposed have been overseeing things at the plant. But documents suggest there had been no action in that regard dating back to 1976. Over the years, nothing had ever happened at the plant to warrant alarm and reports say there were no emergency preparedness plans in place for the kind of thing that happened last week.
Questions now being asked include how did the fire start; were materials stored properly on the property; and were local firefighters equipped to respond properly to the blaze.
Source: The Huffington Post, "West Fertilizer Plant's Hazards Eluded Regulators For Nearly 30 Years," Chris Kirkham and Ben Hallman, April 22 2013
]]>The federal government says that the food products affected by the recall are sold under a number of brand names including Farm Rich, Market Day and Schwan's. The specific types of foods noted include quesadillas, cheese steaks, mini pizza slices and mozzarella snacks. All the products in question were produced between July 2011 and March 2013.
]]> Fortunately, there have been no reports of death associated with the outbreak. Two have developed what is called hemolytic uremic syndrome, a form of kidney failure. Most of the victims are individuals who are younger than 21. More than a third of the victims have had to be hospitalized.The recall began with just under 200,000 pounds of food identified as being of concern, but in recent weeks that figure has grown to more than 10 million pounds. The federal Food Safety and Inspection Service says the key source of the suspected tainted food is a plant in Georgia. And officials say the food was shipped to retail outlets all over the country.
The immediate precautions being urged by the government are that anyone who thinks they have any of the recalled products should remove and destroy them. Consumers with questions are directed to contact the company's consumer line at (888) 220-5955.
But for some, it may be too late. The food in question has been out in the marketplace for months and many people may already been infected. Those who believe they have suffered illness or injury as a result should know that there may be other remedies for seeking compensation. Contacting an attorney would be the first step to take in that regard.
Source: CDC.gov, "Multistate Outbreak of Shiga toxin-producing Escherichia coli O121 Infections Linked to Farm Rich Brand Frozen Food Products," April 4, 2013
]]>Sorting out measures of adequate compensation for victims of such motor vehicle accidents in Pennsylvania is a complicated endeavor and not one that the average individual is well prepared to handle. That's why it's always advisable to consult with an attorney after such events. When a commercial vehicle is involved, the level of complexity gets worse.
]]> We mention all this in the wake of one particular accident that occurred in the northern reaches of Philadelphia yesterday. According to reports, it involved a passenger sedan and a tanker semi.Authorities are still trying to piece together exactly what happened, but what we know at this point is that the two vehicles collided at about 9 a.m. on Roosevelt Boulevard at Comly Road. Pictures of the scene show that the semi tractor suffered some damage to its front end, but the force of the crash caused the passenger car to flip over.
The driver of the car had to be pulled from the wreckage by rescue crews and was then rushed to an area hospital. Another person was also reported injured and hospitalized, but it's unclear whether the second person was in the car, was a pedestrian or from the semi.
The results of the police investigation are going to be crucial in what is likely to be a complicated post-accident process of determining liability.
Source: KYW-TV, "2 Injured In Violent Roosevelt Boulevard Crash," Steve Beck, April 10, 2013
The pressure to avoid truck accidents that so often result in horrible injuries or death is so great that state and federal regulators have created a comprehensive set of rules to cover the industry. Drivers are held to a higher standard of driving competence than the average passenger motorist. Trucking companies are under the onus of standards that require proper maintenance, loading and regulation of driver working hours to ensure maximum safety.
When something is overlooked, people can die, raising questions about possible wrongful death.
]]> Police apparently are seeking answers to a lot of questions in the recent crash of a tractor-trailer that left the driver of the rig dead. The truck was the only vehicle involved, prompting the need for a thorough investigation.The victim was a 49-year-old Philadelphia trucker. He died in Oneida County, New York, in the middle of last month. According to New York State Police, the driver was behind the wheel of a newer model Freightliner tractor when he lost control. He was hauling a full load of cargo at the time.
Officials say that the momentum of the truck carried it into oncoming lanes. It then smashed into a guardrail and a culvert. That sent the whole unit into a spin and it was moving at such a speed that it ended up completed turned around, facing north in the southbound lane. No other vehicle was struck and the truck driver was the only person in his rig.
Was the vehicle properly maintained? Was it overloaded? Was the driver overtired? Did the trucking company he worked for do all it was required to do to ensure the safety of the driver and others on the road? These are all questions that hopefully will come out as part of the official probe and provide some guidance on who may be liable.
Sources: Syracuse.com, "Pennsylvania truck driver killed in Oneida County crash," Rick Moriarty, March 17, 2013; The Republic, "Tractor-trailer crash in NY kills Pa. trucker in Oneida County," March 17, 2013
]]>With the season approaching when motorcyclists will be coming out in force on Pennsylvania roads, it seems like an ideal time to bring Brunetta's story under the spotlight.
]]> The accident that claimed her right leg happened while the New York woman was enjoying a ride on her new 740-pound motorcycle. She says a person driving a tractor along the same stretch of road pulled out in front of her suddenly causing the collision. She says she was launched into the air and somehow wound up with her leg caught in the front spokes of her motorcycle.Her boyfriend, who was riding a separate cycle, stopped and lifted the wrecked bike off Brunetta. The next two people who happened on the scene were a doctor and a nurse. Brunetta looks at that as proof of divine intervention.
Family members say the accident has not diminished the spirit of this woman who raised four children and a foster child. It has, however, diminished her finances. Medical bills have mounted and she hasn't been able to keep up on her house payments. She's due to move out of her home in a few months and so her family is rallying around to help with packing and with plans for a fundraiser.
There is nothing in the reports we have seen about this accident that indicate whether Brunetta has filed a claim for the apparent negligence of the tractor driver. It likely would not be in her character to do so. She says she's just glad to be alive and that to be sad about her situation would be a "slap in the face of God."
Source: WIVB-TV, "Woman loses leg in motorcycle accident," Rich Newberg, March 20, 2013
That may be on the mind of members of one family in the Altoona area. An explosion this morning leveled their home. Police say one person died in the blast. Two others were taken to the hospital with undisclosed injuries. Their conditions aren't known.
]]> News reports indicate that a family of five occupied the home. When the blast ripped through the place today, officials say it literally leveled the structure to the foundation. No identities have been given for the injured and the dead, though the coroner's office confirms that the fatal victim was not a resident of the home.When the story first broke, there were reports that the explosion was believed to have been the result of a methamphetamine lab going up. But police backtracked from that speculation later. They say now that investigators are going through the debris field seeking evidence of just what happened.
When one stops to think about it, there can be any number of hazardous conditions in a home. Natural gas is a common fuel for heaters, stoves, ovens and dryers. If proper care isn't taken to prevent or repair leaks, a small spark can trigger a massive eruption. Electrical appliances can be just as dangerous if circuits aren't properly created and regulated.
Whenever someone is hurt due to unsafe property, they should protect their rights and explore what steps may be needed to obtain the compensation they require to achieve the best recovery possible.
Source: The Beaver County Times, "Police unsure what caused fatal Pa. house blast," Joe Mandak, March 19, 2013
]]>According to the court documents, the man had been working a smoothing and drying machine when his hand became trapped in the device. It "degloved" his hand, essentially pulling the skin from his fingers. The man also lost several of his fingers.
]]> He has since undergone multiple surgeries, endured rounds of physical therapy and other treatments. However, with his permanent disfigurement and ongoing pain, he has suffered emotional stress and financial losses, too.In 2004, the man sued the Italian manufacturer of the machine for product liability, breach of warranty and negligence. The company, Rizzi, put off responding time and again. Finally in 2006, the attorney Rizzi had retained quit. He said the company had gone under and would proceed without representation. More delays followed and Rizzi officials ignored numerous court directives. Eventually, last year, the court granted the man a default judgment.
This time, Rizzi responded but not to the court's satisfaction. It basically offered up six reasons why the man's claims should be denied centered around the notion that he hadn't filed them in a timely fashion.
That proved to be the last straw and the judge this week granted the man's claim, declared that the company's product was defective, and set a date for a trial to determine how much the plaintiff should be allotted in damages.
The reports we've seen don't say when the trial is to be held, or what steps may be required to collect the damages that will ultimately be awarded.
Source: Courthouse News Service, "Italian Company Owes for Gruesome Injury," Rose Bouboushian, March 15, 2013
]]>One element of the story that may be contributing to that widespread coverage is the fact that a man believed to have been driving one of the vehicles involved in the fatal car wreck was arrested 80 miles from the scene yesterday, in Pennsylvania.
]]> Another aspect of the story that may be generating widespread coverage is the fact that the victims of the accident were all members of a tightly knit Hasidic Jewish community in New York City. The loss of the young couple and their child has sent the community into deep mourning.The accident happened early Sunday morning in Brooklyn. The young couple was riding in a hired car, trying to get to the hospital, because the 7-months-pregnant wife was not feeling well. According to authorities, the suspect's vehicle was racing at high speed and crashed into the livery car at a stop sign-controlled intersection. The collision left the hired car a crumpled wreck. The driver of the car escaped serious injury, but the young couple died. Their child, born by emergency cesarean section, died on Monday.
The suspect driver fled the scene of the crash on foot and was eventually tracked down to Pennsylvania. He turned himself in following negotiations managed by a friend. He's expected to be returned to New York soon.
Members of the Jewish community are demanding that the suspect driver be charged under the full extent of the law, for justice's sake. Recourse through civil action might also help bring some closure to the families of those killed. A claim could possibly be sought against the suspect driver. But there also appears to be evidence of wrongdoing on the part of the livery car driver, making him and his company potentially liable. Consulting with an attorney would be the way to get answers to questions in this regard.
Source: WTFX-TV, "Man Wanted In NYC Crash That Killed Expectant Parents Arrested In PA," Fox News and The Associated Press, March 6, 2013
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