Philadelphia Car Accidents

How Driving Distracted Hurts

2011-03-03T12:24:00.000-08:00

What would you do if your son or daughter or loved one was killed by a distracted driver?

Attorney Joel Feldman has taken the high road to educate us about how distracted driving changes lives and not for the better.

Since Casey Feldman's death by a distracted driver who reached for a soda, Joel Feldman and his family have reached out to others and worked with government agencies to get the word out about the dangers of something we all do every day and take for granted -- distracted driving.

Here he is on the local NBC station being interviewed with grace and aplomb. That takes so much courage.

Please don't think your distracted driver habits will never be a problem. All it takes is one second to change a life. Can you live with that?

Faces of Distracted Drivers : Are You Guilty?

2011-02-24T17:56:00.000-08:00

What is distracted driving?

It's when the driver does not have his or her full attention on the road and on the steering wheel.

People don't have super powers.

If you want to eat, drink, or snack, do so but not when the car is moving.

Put your makeup on or brush your hair after you park the car.

Never text while you have your hands on the wheel and your eyes on the road. Pull over out of harm's way if you must text.

Don't talk on the phone even with a Blue Tooth while driving. Your attention is divided not focused.

Put the dog in the back seat, restrained so he can't poke his cute face in yours or hurl forward like a moving object when you have to suddenly stop.

If you're a passenger, let the driver drive. Don't be a distraction.

Forget about changing the CD. Life goes on.

Keep your children restrained. While you're in traffic is not the time to sift through your purse and pass them a cookie.

Long-term drivers may feel overly-confident and take for granted that a car is a car is a weapon on wheels. Teens and young adults may feel invincible.

You're not.

Watch this tragic video about Casey Feldman, a much-loved 21 year old daughter/friend/and sister who lost her life when a truck driver on a city street reached for a soda while driving.

How would you feel if your bad distracted driving habits caused a death?

Philly Drivers and Safe Holiday Driving Tips

2010-11-23T21:30:00.000-08:00

Be safe rather than sorry this holiday. Everyone feels rushed and stressed but a little caution and precaution goes a long way.

Here are some safe driving tips from AAA.

--Check out your tires…is it time for a new set or simply just some air? What about snow tires?
--Check out the weather in advance.
--Bring a map, directions, and know how to use the GPS not learn along the way.
--Try not to leave on Wednesday before Thanksgiving or Sunday after Thanksgiving. Those are the busiest days for Thanksgiving travel.
--Share driving or pull off in a safe place if you're alone and must catch some zzzz. Keep your car doors locked.
--Don't drink alcohol and drive.
--Don't text and drive.
--Pack the phone battery charger…Don’t get caught on the road with a dead cell phone.
--Make sure you have plenty of wiper fluid. Unpredictable weather can create some hazardous driving conditions wherever you travel.
--If you're going to be late, call ahead. Do not speed.
--Bring a first aid kit, water, and blanket in case you get stuck.

Have a safe and happy Thanksgiving from Anapol Schwartz attorneys-at-law, a personal injury Pennsylvania law firm with headquarters in Philadelphia.

Bridge to Nowhere for Victim of Dump Truck Accident in Pa-NJ

2010-09-24T07:49:00.000-07:00

A dump truck driver who left the scene of a fatal accident was charged for obstruction of justice. The dump truck driver claims he didn't know he caused a fatal accident.

The dump truck driver was hauling stone across a bridge from Pennsylvania to New Jersey when the fatal accident occurred.

A metal crossbar fell off and went through the driver's side window of the victim's van. The van traveled a short distance before veering into the eastbound lane and struck another vehicle but that driver was not injured.

The dump truck did not stop but was found the next day in New Jersey.

The defendant's lawyer claims the accident happened after he had passed and was on the other side of the bridge so his client was not purposely obstructing justice.

Who's at fault of the fatal Pa. dump truck accident? The dump truck driver? The company who employs the dump truck driver? The manufacturer of the crossbar?

Pa. Dump Truck Driver Kills Motorcyclist

2010-08-29T08:51:00.000-07:00

A dump truck in Pa. ran over a female motorcyclist.

The dump truck driver missed a freeway exit so backed up. Even though he checked his mirrors he didn't see the motorcyclist who was behind him. While backing up, he realized that he had run over something and got out of the truck to see.

The woman and her motorcycle were trapped under the truck. She died.

The accident is under investigation.

Truck accident: semitrailer truck's wide load kills bicyclist

2010-07-25T22:06:00.000-07:00

Truck accident: semitrailer truck's wide load kills bicyclist

This is indeed a tragedy when while doing a good deed by raising funds, a bicyclist is struck and killed by the wide load of a truck.

The bicyclist was had pulled off to the side of the road to check phone messages. By the time the truck driver saw her, it was too late.

The accident happened in the heartland but the bicyclist was riding for charity, a Philadelphia, PA based charity that raises funds for affordable housing.

The truck left a portion of the machinery extending beyond the full width of the lane and into the shoulder.

By the time truck driver saw the bicyclist, it was too late for him to avoid hitting her. The truck driver was complying with the law regarding the wide load he was hauling.

Philadelphia Car Accident: Driver kills after 8 DUI arrests

2009-09-22T12:19:00.000-07:00

PA man continues to drive after 8 drunk driving arrests.

Initially he was placed in an alcohol treatment for first time offenders, received four convictions, and his drivers license has been suspended but he still is out in public and driving.

Why isn't this guy locked up somewhere?

Now he killed a father/husband and critically injured the wife and daughter when the car he was driving crossed the center line on a curve and hit their car.

The driver has been charged with death by auto and driving while intoxicated.

(Blogger's note: What does it take to put these perpetual DUI drivers away and out of harm's way from the rest of us?)

According to court records, the driver is a manager at an appliance store and father of many children, had been through the Philadelphia system numerous times and given numerous opportunities for rehabilitation.

The Danger of Reckless Driving

2008-12-03T11:52:00.000-08:00

Reckless drivers provide a serious road hazard.

Reckless drivers are more than just a nuisance. They are incredibly dangerous. When someone drives on the road and completely disregards all highway safety laws they placed themselves and those around them in jeopardy. What makes this even more reprehensible is the fact that when cars are traveling at 65 miles an hour and unexpected collision could lead to massive damage. Then again, even minor damage can cause a number of problems. For example, with whiplash may not exactly be the worst injuries someone could endure, but it is hardly an enjoyable experience.

Keep in mind, when a driver causes an accident while committing a moving violation it would be very difficult for such a driver to defend themselves from a charge of negligence. (Their behavior makes a defense difficult) Case in point, a driver is not allowed to pass cars on the shoulder of the road as the shoulder is for emergency stopping. Yet, there are those errors possible drivers who will try to pass people by using the shoulder. Now, if you're driving on the side of such a driver and your car is hit, that driver is 100% at fault...regardless.

Once again, a solid car accident attorney would have a field day proving the case of negligence against such a driver. The driver was occupying a lane is not intended for traffic and was possibly making an illegal pass while also potentially speeding. It would be very difficult for the driver to wiggle out of it any blame in such a scenario. No, this does not mean that this case or any case is a cut and dry one. All cases have to be litigated or settled properly in order to achieve the desired result. However, when one driver is so obtusely negligent it would be tough to mount a credible defense.

Airbags Changed the Face of Car Safety

2008-11-13T11:50:00.000-08:00

Airbags need to be installed properly to safeguard car occupants.

Car safety is never a matter to be taken lightly. Protective devices are installed in a car for a very specific reason. Their purpose is to make sure the driver and passenger of the car are not injured or killed when a collision occurs. In the past, the most common safety device was the seat belt. The seat belt is quite an effective tool to protecting the occupants of a car from harm. However, the seat belt has its limitations. This is why airbags were invented.

Airbags have the potential to save lives in situations where a collision would have previously meant instantaneous death. If you do not believe airbags save lives then you should check out any highway safety film from the 1960's. The devastation and damage that a person's body received during this era often resulted in a fatality. Thankfully, the advancements in automobile safety typified by the air bag have done wonders in terms of saving precious lives. Of course, these devices can only do this if the airbags work properly.

Airbags should not be haphazardly installed by the manufacturer. These bags should be properly tested to make sure that they will properly maintain the safety of those who purchased the cars. In most instances, the manufacturers do their job quite fine. However, it is not without precedent for the manufacturers take shortcuts. When the shortcuts result in flawed airbags making it to the market then the manufacturer should be held liable for any injuries that result.

When the manufacturer is negligent then the basis for a car accident lawsuit is present. In a credible lawsuit, an attorney can seek to recoup any expenses the injuries caused as well as seek punitive damages for pain and suffering. While life would be better if the accident never occurred, having a legal recourse if it does happen is quite helpful.

Motorcycles and Reckless Behavior

2008-10-13T11:40:00.000-07:00

Reckless motorcycle operation can cause accidents.

No one likes to be stuck in traffic. Yet, depending upon where you live this is virtually unavoidable during rush hour. Like your fellow Americans, you need to work nine to five. Of course, your fellow Americans are by your side when you hit the highway on the way home. This creates congestion that is unavoidable. And, yes, you do wish you had a chance to somehow circumvent all this traffic. Gridlock is no fun under normal circumstances and with the high cost of gasoline it is even more annoying. So what can you do? After seeing someone on a motorcycle squeezing in between cars and disappearing into the horizon while you are still stuck in traffic, you gain a little food for thought. Yes, if you had a motorcycle you could avoid a number of these problems. Then again, many a car accident has been the result of this type of reckless motorcycle driving.

While many motorcycle drivers do weaving squeeze in and out of lanes during gridlock and they are not exactly paying proper attention to highway safety laws. Additionally, some motorcycle riders will develop the bad habit that they can weave in and out of lanes under any circumstances regardless of driving conditions. This creates the potential for a number of accidents. Oftentimes, it does result in accidents. This is where motorcycle riders discover there are consequences for such action.

If you have been injured or your car has suffered damage as a result of a reckless motorcycle driver, then you may have the basis for a lawsuit. Simply having a vehicle that has the potential to maneuver recklessly through traffic is not free the driver from liability. In fact, the person may be guilty of a number of civil and criminal violations. Therefore, anyone who has been injured by reckless motorcycle driver should seek the advice of a talented highway accident lawyer.

Regulations Make for More Highway Safety

2008-09-30T07:41:00.000-07:00

A look at Highway Safety – Then and Now.

When people talk about the lack of safety on highways, they really do not understand that a multitude of inroads have been made regarding highway safety. At one time, the roads were really dangerous. This is because there were very few standards and regulations for how a highway could be constructed. Additionally, rules and regulations regarding the maintenance of a highway were hardly enforced. When one looks at the current roads today in sees all the potholes that make driving difficult, such adverse conditions are not even remotely close to the extreme danger that was present decades ago.

In the 1950's and 1960's, hairpin turns were common. Also, very few highways were properly lit and safety barriers were non-existent. As a result, head on collisions were common. When this was combined with the dire lack of safety standards in cars, the volume of avoidable car accident fatalities had risen to shocking levels. Often, the fault of these accidents was blamed on "reckless" driving and manufacturer improvements were never addressed.

Thankfully, over time, many of these problems were eradicated through the institution of laws that mandated local governments take care of their highways. Also, a series of liability lawsuits against states that refused to maintain their roads or impose safety standards did much in the way of improving conditions. So, while the current issue of highway safety is far from being without problems, highway conditions are much better today than they were in eras past.

However, oversights and corner cutting does occur. So, it is not impossible to be injured in a highway accident due to neglectful maintenance of the roads. But, if this occurs one is not without recourse as there is the possibility to file a lawsuit in the event of such an incident. While this will not eliminate all problems associated with highway safety, it does create a mechanism for pressing for better safety.

Financial Costs and the Traumatic Brain Injury

2008-09-03T08:19:00.000-07:00

There are enormous costs associated with brain injuries that many people may be unaware of.

To say that a traumatic brain injury is a difficult situation to endure would be a major understatement. Imagine having to relearn how to read or even talk at the age of 45 because you have suffered a brain injury. Yet, this may very well be the case if the injury is severe enough. Additionally, imagine the stress one's family would have to endure when it is discovered that the injury could have been completely avoided.

No, this does not mean the injury could have been avoided due to the actions of the person who was injured. Instead, it was negligence of a third party that yielded the result. For example, the seat belts in a car could have been defective the leading to severe impact during a car accident; a neighbor could have been lax in cleaning a sidewalk leading to a fall; or any other instance where avoidable negligence created the basis for the injury.

As previously mentioned, the result of a traumatic brain injury could lead to enormous financial costs relating to the health care of the afflicted individual. Without proper care medical attention the individual may not ever fully recover from the injury. This could have significant impact on the injured party's ability to provide for his or her family. So, it makes perfect sense that the individual or his/her representatives would seek financial compensation for the injury.

Please note, seeking redress for injuries is not a form of revenge. Redress is sought to create a semblance of financial stability and proper medical care to deal with the results of the presumably avoidable traumatic brain injury. Hopefully, the judgment or settlement will be enough to handle both of these concerns. If not, it can at least cover a portion of the enormous costs one would have to contend with.

Are All Car Accidents Identical?

2008-08-30T07:32:00.000-07:00

Not all car accidents are the same and they require different legal approaches when filing suit.

Car accidents are generally the same in the sense they involve a collision. However, not all car accidents are identical. There are differences between the various accidents depending on the type of car accident and the circumstances surrounding the accident. And, yes, the circumstances surrounding the accident will play a major factor in determining the level of negligence and who is truly at fault.

But is there really much of a difference between your car getting hit while it is "safely" parked in a parking lot space vs. getting rear ended on the highway? Well, while there might not be much difference in terms of the damage that occurs, the circumstances leading to the cause of the accident differ greatly. That means, when preparing a car accident lawsuit the approaches to both these scenarios will differ greatly.

This bears repeating: not all car accidents are the same. The circumstances involving a car accident could involve blowing stop signs, hitting pedestrians, being rear ended, hitting a parked car and a multitude of other scenarios. While the ultimate goal of all these accidents is essentially the same (to prove negligence in order to receive a judgment) the nuances of achieving this goal may differ. This is because there is a significant difference between causing an accident to escape a robbery attempt vs. causing an accident while evading arrest. In the first scenario, an accident may have been unavoidable as well as the fact that the robbers would probably be the negligent party. In the second scenario, the accident is the result of reckless driving and criminal activity. Needless to say, the approach to handling a lawsuit stemming from these scenarios would vary greatly. That is why it is important to have an attorney (or team of attorneys) that have the ability to handle a multitude of car accident cases.

What Constitutes Poor Highway Safety?

2008-08-15T07:42:00.000-07:00

There are a multitude of liability issues that surround violations of highway safety

Imagine driving down a highway and skidding as you turn a corner. Your car crashes into a divider and, while you have sustained no injuries, you are curious how the accident occurred. After all, you were not driving recklessly. How could you lose control of the car? Perhaps the problem isn't you; it was the highway itself. Yes, there is such a thing as negligence resulting from the flawed design of a highway.

If you were to ask the average person what constitutes a highway related lawsuit, most people will assume that it will involve suing a reckless driver. This would not be an inaccurate assessment since a multitude of highway accidents involve reckless driving. However, such an assessment would be far from a completely accurate one. There are, of course, a number of different scenarios that can provide the impetus for a lawsuit. For example, one commonly filed lawsuit is a lawsuit that centers on flawed highway designs.

As the name would imply, a flawed highway design lawsuit is a suit filed against state and local municipalities for designing a hazardous highway. Now, does that mean that the highway was designed purposely to be dangerous? No, of course not! More than likely, the project was rushed into completion and proper oversight of the design was not enacted. As a result, flaws in the design of the highway led to an increase in accidents and wrongful death incidents.

It is important to design a highway with the intention of maximizing the safety of those who use the highway. Since not doing so is negligent, it is no surprise that poorly designed highways often result in lawsuits seeking compensation for damages. Hopefully, such lawsuits will deter the designers of our highways to take extra steps to be careful when building the roads we all travel on.

Car Accidents and Drunk Driving

2008-07-29T09:19:00.000-07:00

Drunk driving brings additional complexity to car accident suits

Imagine being stopped at a red light when - all of a sudden - a car slams into the rear of your vehicle. The impact comes with a powerful shock and you realize you may be severely hurt. Now, imagine the anger you would feel if the car accident injuries you suffered were the result of someone driving under the influence. Obviously, you would react with anger since your pain and suffering is the result of another person's careless, addictive behavior.

While it may seem like a hundred years ago, it really was not that far in the past when drunk driving was not considered a major crime. In fact, even in the instance of a fatality, the drunk driver might not be sentenced to jail time. Eventually, as a result of a multitude of serious drunk driving related accidents, the laws were changed to make the punishment for drunken driving related accidents more severe. This is why drunken driving violations can lead to the loss of a driver's license, major fines, as well as prison time. But, this is not the only problems a drunk driver could face. Anyone who gets buying the wheel of a car and drives under the influence might also be held liable for civil damages. And, yes, these civil damages have the potential to be significant.

If you have been the victim of a drunken driving accident there is no reason to absorb all the financial costs yourself. There are several remedies to seek when you have been injured as a result of such negligence. Many attorneys who specialize in car accident related cases understand the complexities of handling a drunk driver related civil suit. Drawing from their knowledge base and understanding, they may be able to recover significant damages for the injured party.

Car Accidents - Losses Caused By Car Accidents - Claim Compensation

2008-06-25T15:23:00.000-07:00

There can be different types of car accidents, and based on the various circumstances, there can be different sources of compensation. Some of the parties may include your car insurance company, your health insurance provider and other parties involved in the accident.

Car Accidents: Different Sources Of Compensation
Depending upon the specific circumstances of car accidents and your financial resources, there can be different sources of compensation. If the property damage or the injuries sustained are minor, you may not get any sort of compensation. In that case, you will have to bear the damages yourself.

The losses caused by car accidents, can be covered by a claim for compensation brought against the person who caused the accident, or in some cases against your own car insurance company. The amount of compensation, however, will depend upon the contract with your insurance company and the extent of injuries or losses suffered.

Based upon the insurance policy contract, you may be compensated for your medical bills as well as the property damage. Depending upon the circumstances, you may even get compensation for the injuries to your fellow passengers.

In some circumstances, you can also bring a claim against your private health insurer (if any) for medical bills that exceed you auto policy covereage for medical. However, you cannot claim from your health insurance provider any compensation for the property damage or the medical bills of your fellow passengers.

In most cases, you can also claim compensation from the third parties who are actually responsible for the car accidents. However, different states have different laws regarding car accidents, so you need to consult an attorney in your state.

Waynesboro Accident: Numerous Accidents for Pedestrians

2008-05-07T04:29:00.000-07:00

A man driving a van was headed north on Philadelphia Avenue when he failed to stop at a stop sign and struck the boy on a bicycle. The bicyclist fell to the street. The van driver stopped and talked to the boy and then drove away. The boy was bruised on his left side.

This is the third pedestrian accident in the same area this year.

Other pedestrian accidents in Waynesboro include:

In 2006, an elderly woman was struck by a vehicle and killed when she tried to cross Main Street in an area near Center Square.

May 1, 2007, a 93-year-old man was killed when he walked in front of a pickup truck near the crosswalk at Gay Street, crossing South Potomac Street from the west side.

May 21, 2007, A 24-year-old man was walking west along a crosswalk on West Second Street when he was struck.

May 25, 2007, a 10-year-old girl was hit by a car as she was walking east, to cross South Potomac Street. She did not use the crosswalk.

In June 2007, a 15-year-old girl ran from the east side of Park Street into the path of a car, was struck and landed on the west side of the street.

In June 2007, a man was within a crosswalk when he was hit at West King and North Potomac streets.

July 2007, a 71-year-old man died from injuries he suffered when he was struck by a vehicle while crossing West Main Street in his motorized wheelchair.

October 2007, a 13-year-old girl sustained minor injuries when she was hit by a car while riding her bicycle on Philadelphia Avenue.

January 2008, a 60-year-old man was trying to cross West Main Street from the north side when he was hit by a westbound vehicle.

In March 2008, a 52 year old man was hit by a car that was turning left onto Main Street from North Potomac Street.

Dump Truck Accident Kills Elderly Couple

2008-04-25T07:09:00.000-07:00

An elderly couple is dead after the tailgate on a dump truck flew off and slammed into a vehicle on Highway 400 in Canada.

Police said the dump truck was travelling south when it lost control and slammed into the center median.

The impact ripped the tailgate from the dump truck, sending it into the northbound lanes, where it crashed through the windshield of Chevrolet. The elderly couple, both 75 years old were pronounced dead at the scene.

Police closed all lanes of the highway in both directions to investigate and clean up the accident.
Have you or a loved one been the victims of a truck accident or a freak accident on the highway? You may be eligible for wrongful death accident lawsuit. Contact Anapol Schwartz law firm with offices in Pennsylvania and New Jersey.

Fatal Truck Accident Stats

2008-04-11T06:07:00.000-07:00

The Federal Government maintains statistics on Fatal Truck Accidents. Here’s a breakdown of the top 5 states as to fatal truck accidents in 2003.

Class Action Suits and Philadelphia Lawyers

2008-04-08T12:25:00.001-07:00

If you are a consumer in Philadelphia and you feel that you have been wronged in some way you always have the option of retaining a Philadelphia lawyer and filing a class action suit. Of course, such cases are not exactly easy but a smart and enthusiastic attorney may have the ability to move on such a suit and bring it to a successful conclusion. The marketplace is a powerful entity and when certain members of it steer away from acceptable conduct a class action suit can often bring about some order. This is truly the moral and responsible thing to do and a strong Philadelphia lawyer can aid in this process.

Expert Witnesses and Truck Accidents

2008-04-07T13:03:00.000-07:00

Regarding the establishment of who was at fault or who was severely negligible in a truck accident there may be a number of problems that derive from ambiguity. In other words, if it is incredibly difficult to prove the defendant was negligible it may be difficult to win the case. However, the recourse for such a situation would be procuring the services of an expert witness. An expert witness can provide credible testimony to create the accurate impression of fault on behalf of the defendant. As such, an expert witness can keep a negligent driver from getting off the hook in difficult to prove truck accident cases.

Truck Accidents and the Experts

2008-04-04T11:17:00.001-07:00

There are a number of criteria needed for filing a suit in the advent of a truck accident and if there was a baseline criterion it would be the fact that one has to be at fault. In other words, there have to be deliberate negligence in order to receive damages in a suit. However, this does not mean that the injured party decides who is at fault! There are a number of complexities associated with an accident and it takes a knowledgeable professional to determine fault. Unfortunately, many people opt to make determinations on their own and end up making incorrect assessments. Don't fall into that trap and leave the determinations up to the experts.

Inspections, Truck Accidents and Liability

2008-04-01T03:46:00.000-07:00

In some states such as California and Florida there is no need for truck or car inspections. As such, it is important for the owner to properly maintain the safety of the car. If you are a truck driver who is driving a truck provided by a company that has not been properly maintained and is involved in a truck accident that could have been avoided if the company had taken proper maintenance steps on the truck then you may have legal recourse for the injuries that you sustained. Don't try to navigate this situation on your own, however, and instead seek the advice of a reliable accident lawyer who can properly advise you in this situation. PA requires inspections for trucks and cars!

Referrals for a Pennsylvania Lawyer

2008-04-01T03:29:00.001-07:00

Sometimes there will be situations that arise and the need of an attorney will be necessitated. But what happens if you are not sure of which attorney to select for your case? If you live in Pennsylvania and are looking for a lawyer the PA bar association offers a free referral service. If you are in need of a Pennsylvania lawyer the bar association is definitely an excellent referral service because it does not have any biases and is not looking for any service fee commissions for its help. As such, the value of this service can never be understated.