"Ride on Red" Law Goes Into Effect in Pennsylvania

Pennsylvania's 'Ride on Red' law is now in effect. The bill was passed earlier this year and modified an existing law that allowed motorcyclists to go through an intersection even if they faced a red light if they had been waiting at the light for several minutes. Typically, the underground sensors wouldn't pick up motorcycles because they're too light.  The old law also affected broken traffic lights. Motorists could be allowed to treat lights which were actually malfunctioning as stop signs.

"What this recent provision did was to add some specific language to that provision that says if this happens in cases where there's a kind of loop sensor under the pavement or other technology, that it's not working properly," said PennDot Communications Director Rich Kirkpatrick.

Now, traffic lights don't actually have to be malfunctioning in order for a driver to go through an intersection, even if the driver is facing a red light. If a driver has been waiting two or so minutes and the light has yet to change, a driver can pass through. With caution, of course.

I can see where this type of law, although seems logical and good, could cause some problems in motorcycle accident cases and other motor vehicle and truck accident cases.  I can see drivers going through red lights without looking properly and causing collisions.  We will see if this change in the law will increase intersection accidents.

If you've been injured in a motorcycle accident or an accident involving an intersection or a malfunctioning red light, please feel free to call the lawyers at Hoffman, Sternberg & Karpf, LLC. at (215) 953-8955.

Truck Crash Fatalities Down, But Serious Injuries Way Up

A recent report from the Federal Motor Carrier Safety Administration (FMCSA) demonstrated that fatal truck accidents are down about 6 percent, but serious injuries caused by truck accidents are up by 21 percent.  That is a significant rise in the amount of serious injuries.

The reasons for the decrease in truck related deaths and increase in truck related serious injuries are many:

· Technology is making truck accidents more survivable than in the past. Sensors and intelligent brake systems are preventing accidents that would have definitely occurred in years past.

· Truck drivers are on the road fewer hours per week, with the onset of the 34-hour restart requirement.

· Injuries may be on the rise because the economy is on the mend, putting more trucks on the road more hours of the day.

· The economy may also play a role in the fewer fatalities statistics. Trucks going 30 mph because of sluggish traffic are less likely to kill people.

Crash statistics are complex, with so many factors feeding into results - weather, highway funding, changes in record-keeping.  Regardless, the results of truck crashes can be devastating for families.  If you or a loved one has been seriously injured in a truck crash or automobile accident, please call the lawyers at Hoffman, Sternberg & Karpf, LLC. at (215) 953-8955.

Work Related Auto Accident Cases

When you are involved in a work-related car and truck crash, you have the potential to pursue both a workers' compensation claim as well as a "third party" claim against the at fault driver.  The third party claim would be a negligence claim.  What is the difference between the two?

A workers’ compensation claim is against your employer and its workers' compensation insurance company is merely for lost wages and medical bills. That's all you're entitled to get from your employer.  However, a third party claim is against a negligent party and is intended recover lost wages and medical bills, but also future lost wages, if any, and most importantly, pain and suffering and any other damages. Because the law does not allow you to sue your employer for negligence, workers compensation is your only remedy against your employer.  But if you were injured at work due to someone else's negligence, like a work-related car or truck crash, then you need to pursue a third party claim as soon as possible.

You also want to hire lawyer that can handle both types of claims and can coordinate their efforts in both cases.  Because some aspects of your case are important to workers' comp but not to the third party, and vice versa.  You wouldn't want separate lawyers working on both cases and not knowing what the other is doing.

If you have a work-related car or truck crash, please feel free to contact the lawyers at Hoffman, Sternberg & Karpf, LLC. at (215) 953-8955.

Cheap Gas, More Driving Make 2016 An Especially Deadly Year For Crashes

Every year the government keeps track of the amount of fatal car and truck crashes.  As you can imagine, the number rises and falls year to year.  But you might be surprised as to why the number fluctuates:  gas prices.  When gas is cheap, more people are on the roads which leads to more crashes, thus more automobile related deaths.

The number of traffic deaths in America each year is so staggering, it almost defies comprehension — about 35,000 lives lost is the norm. But 2016 is shaping up to be even worse.  The fatality rate rose 9% in the first half of 2016, as per data outlined in StreetsBlog Network:  "At this rate, 2016 is shaping up to be the deadliest year for driving since 2007. This Labor Day weekend is on track to be the nation’s deadliest since 2008, with 438 fatalities projected over the three-day period.  The jump in traffic fatalities coincides with sinking gas prices and an uptick in driving. During the first half of 2016, U.S. motorists collectively drove 3.3 percent more compared to last year, reaching 1.58 trillion miles traveled. The recent upswing in miles driven has been linked to the availability of cheap gas and a sharp increase in traffic deaths.  Pedestrians and bicyclists already account for more than one in four traffic deaths in New York and New Jersey, and fifteen percent in Connecticut. In New Jersey alone, traffic deaths surged 12 percent during the first half of 2016. The number of bicyclists killed in New York City so far in 2016 has already exceeded the total number of fatalities in 2015."

This is just a reminder for all of our readers:  drive slow, drive defensively, don't text and drive.  Don't be one of these statistics.

If you or a friend has been injured in a car or truck crash, please call the lawyers at Hoffman, Sternberg & Karpf, LLC. at (215) 953-8955.

From One Second To The Next

"Over 100,000 accidents a year involve drivers who are texting.  The numbers are climbing sharply."

These are the first lines of the documentary by iconic filmmaker Werner Herzog.  The project was initially supposed to be 4 commercials; however, Mr. Herzog believed that he had to delve into this tragic topic in more detail.  The result is a 30 minute long documentary on the affects of distracted driving.  It is quite the powerful piece of film and everyone should watch it.

You can find it here on youtube.

Child Support and Personal Injury Settlements

The law provides that if you have a personal injury settlement and you have back-due child support, you have to pay some of your settlement money to the child support arrears.

The law provides that the amount of any award or settlement that is over $5,000 shall be subject to a lien from the domestic relations office for any past due child support arrears.  Therefore, before you settle your case, you'll have to determine how much child support your owe and how much of any settlement would be taken by domestic relations.

Further, the amount that can be attached is the net proceeds above $5,000.00.  "Net" has been defined to mean the amount left over above $5,000.00, but only after attorney fees and costs are taken out of the total proceeds.

It sounds complicated, but it's pretty simple.  The first $5,000.00 is free of any lien from domestic relations.  Anything above $5,000 is subject to a lien but only after the attorney fee and costs are taken out.

As always, should you have any legal questions, please do not hesitate to contact the lawyers at Hoffman, Sternberg & Karpf, LLC. at (215) 953-8955.

Be Careful Who You Text-- It Might Get You Sued

I'm sure we've all done this before.  Have you ever texted a friend or family member whom you knew to be driving a car at the time?  What if that text you sent caused the person to read it, be distracted and cause a car crash?  Do you think YOU should be responsible for sending the text knowing that the recipient was driving at the time?   A recent Court of Common Pleas decision in Lawrence County Pennsylvania suggests that perhaps you should be held responsible.

This case is another example of the evolving law of distracted driving-- or texting while driving.  In Gallatin v. Gargiulo, the Court of Common Pleas Judge overruled preliminary objections and allowed negligence and wrongful death claims to proceed against two defendants on the basis that they had been texting a driver as the driver crashed into a motorcyclist, resulting in the motorcyclist’s death.  The judge relied upon a 2013 decision out of the State of New Jersey, Kubert v. Best, wherein an appellate level court specifically allowed such a cause of action to proceed.

In the New Jersey case, the appellate court held that in order to proceed with a claim against the sender of a text message a plaintiff must prove that the sender of the text knew, or had special reason to know, that the recipient was driving and would view the text while driving and be distracted by it.  The Pennsylvania judge specifically relied upon the New Jersey case in allowing the Pennsylvania action to move forward.

It remains to be seen how the law will evolve in Pennsylvania and whether or not this type of claim will withstand scrutiny in the appeal courts.  The bottom line is that you should not text and drive or text someone you know is driving and might read your texts.  Distracted driving is the cause of a significant amount of injuries on Bucks County and Pennsylvania roads.

If you or a loved one was injured in car or truck accident, please call the lawyers at Hoffman, Sternberg & Karpf, LLC. at (215) 953-8955.