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.

Time Limits on Personal Injury Lawsuits in Pennsylvania

All states have limits on the amount of time you have to go to file a lawsuit after you have suffered some type of injury.  The deadlines vary per state and on what type of case you want to file.  This time frame to file a lawsuit is called a "statute of limitations."

In Pennsylvania, the statute of limitations for personal injury cases is two years from the date of the injury.  Therefore, in order to have a successful lawsuit, documents must be filed at the courthouse within 2 years of you getting hurt.  This time frame applies to all types of personal injury claims including, but not limited to, motor vehicle accidents, defective products, slip and falls and premise liability cases.

It is very important to understand and follow this rule. If you fail to get your lawsuit filed before the two-year window closes, the Pennsylvania civil court system will likely refuse to hear your case at any time in the future, and your right to compensation will be lost.  The best practice is to contact a lawyer as soon as you are injured to see if you have a valid case that should be pursued.

If you have any questions about a personal injury case in Bucks County, please feel free to contact the lawyers at Hoffman, Sternberg & Karpf, LLC. at (215) 953-8955.

Montgomery County Jury Convicts Attorney General

The courthouse in Montgomery County has been pretty busy lately.  With the Cosby trial and the prosecution of Attorney General Kathleen Kane, they need a break.  Well, as of yesterday, there will be one less important matter on the court's plate.  A jury convicted Attorney General Kathleen Kane of all charges.

Four years after Kane's election in a landslide as the first Democrat and first woman elected attorney general, a jury of six men and six women found her guilty of all charges: two counts of perjury and seven misdemeanor counts of abusing the powers of her office.  Montgomery County District Attorney Kevin R. Steele persuaded jurors that Kane orchestrated the illegal leak of secret grand jury documents to plant a June 2014 story critical of her nemesis, former state prosecutor Frank Fina. Kane then lied about her actions under oath, the jury found.  Kane, 50, who rose from a hardscrabble upbringing in Scranton to win a statewide post in her first bid for office, was stoic as the verdict was read. Her twin sister, Ellen Granahan, a prosecutor on her staff, was with her in court.

See more details from this article at Philly.com.  This is a big win for our friends at the Montgomery County DA's office.                      

Bill Cosby Loses Another Battle

This post is a bit off from our normal posts about personal injury and motor vehicle accident cases.  But it's an interesting twist from a famous local case.  The Bill Cosby criminal matter is being prosecuted by our friends from the Montgomery County DA's office.  Recently, a Federal appeals court in Philadelphia ruled that deposition testimony could remain "unsealed" during the criminal case.

The U.S. Court of Appeals for the Third Circuit declared moot the question over the documents' release, which reignited controversy about the 79-year-old entertainer's alleged sexual misconduct and led in part to the criminal charges filed against him last year in Montgomery County.  "The contents of the documents are a matter of public knowledge," Circuit Judge Thomas L. Ambro wrote on behalf of a unanimous three-judge panel. "We cannot pretend that we could change that fact by ordering them resealed."  Cosby's had requested that the court overturn an earlier decision by U.S. District Judge Eduardo Robreno that opened up several previously sealed court filings from a 2005 sexual battery lawsuit filed against him by accuser Andrea Constand.

See the full article in Philly.com here.

This is a perfect example of a deposition in a civil case being used for purposes of criminal prosecution.  Often times it can come back to haunt the defendant, as it is dong to Mr. Cosby.

Fatal Roadway Construction Zone Accidents in Bucks County

One of the most dangerous jobs in Bucks County and Pennsylvania as a whole is the roadway construction worker.  The danger increases during the warmer months due to increased construction and increased traffic.  Many of these incidents cause fatalities because cars and trucks are hitting construction workers within roadway construction zones.

Fatalities in roadway construction zones peaked in 2003 but have decreased significantly. In Pennsylvania, the number of construction site fatal accidents was lowest in 2013 and highest in 2004, 2005 and 2008. Fatalities may be categorized by the type of accident, and 69 percent of nationwide accidents in 2013 involved transportation. Occupations included construction and maintenance workers, truck drivers, workers operating construction equipment and supervisors.

Decreasing highway construction zone fatalities and injuries in Bucks County should be a priority.  Everyone should remember to SLOW DOWN while driving through a construction zone.  Pay attention to the workers on the side of the road. Stay off your cells phones and keep two hands on the wheel.  Remember...a construction worker's family is counting on you being a safe driver.

If you've been injured in Bucks County and have legal questions, please call the lawyers at Hoffman, Sternberg & Karpf, LLC. at (215) 953-8955.

What To Do When You Fall On a Business Property

The lawyers at Hoffman, Sternberg & Karpf, LLC handle many cases that involve people falling down due to the negligence of a Bucks County business.  Whether it be a slippery substance that causes someone to slip and fall; or a defective condition of the property such as uneven sidewalks or walkways, these types of events can cause serious injuries.

If the property is in disrepair or the owner knew about the risk and ignored it, you could have a claim.  Your claim could be for medical bills, lost wages and money for your pain and suffering.  But before you make a claim, the lawyers at Hoffman, Sternberg & Karpf, LLC would have to ask a lot of questions, depending upon the case, about the dangerous condition and what the property owner knew. 

For example, was the entrance to the building covered by ice? Was it obvious the porch was infested with termites, falling apart, or likely to collapse? Were there signs warning of danger? Or was it a hidden condition?  If there is a hidden condition or defect, a property owner can claim he didn’t know about it and can’t reasonably have been expected to know about it or fix it. If the property owner has done everything possible to keep the property safe, the fact that you fell and got injured may not be his fault.

One of the important questions is whether or not the property owner, or its employees, caused the dangerous condition.  Did a waitress at the restaurant spill soda right in front of your path to the restrooms? Did the owner divert you off the sidewalks to a detour over an uneven rocky path?  Did the grocery store clerk knock over a jar of sauce and not clean it up?

The main takeaway is to realize that success with these type of cases is dependent on many rules and laws that protect property owners as much as they protect people who have been injured. If you fell and were injured on someone else’s property you should contact an experienced attorney who can analyze whether or not you have a claim, and then file the claim against all parties that may be liable for your injury.

If you have any questions about a slip and fall injury, please call the lawyers at Hoffman, Sternberg & Karpf, LLC. at (215) 953-8955.

DUI Arrests by State Police Increase in 2015

Many of the car accident victims that the attorneys at Hoffman, Sternberg & Karpf, LLC. represent were injured by drunk or impaired drivers.  DUI accidents can sometimes be horrific and cause catastrophic injuries including wrongful death.

To give the scope of the amount of DUI drivers on the roads these days, consider the report from the Pennsylvania State Police as detailed in an article from the Pittsburgh Post Gazette.  In 2015, the State Police made 18,801 DUI arrests which was a significant increase from 2014.  And consider the fact that this is just the State Police arrests; this report does not include arrests by local police.

Impaired driving is a major problem on the roads of Pennsylvania as well as Bucks County and throughout the United States.  Law enforcement are becoming better at stopping impaired drivers, thus the increase in arrests.

As the report and article indicates, one of the causes of impairment that has increased is due to drivers taking drugs not alcohol.  The drug impairment DUI arrests increased 23 percent year over year.

If you have injured by a drunk or impaired driver, please call immediately the lawyers at Hoffman, Sternberg & Karpf, LLC., at (215) 953-8955.

Is Pokemon Go Dangerous in Bucks County, PA?

If you haven't heard of Pokémon Go you must be living in a cave.  Basically, it's a game you can play with your phone where you travel around your area and "catch" digital Pokémon.  The purpose of the game is to catch as many as you can.  You might have seen kids out riding around your neighborhood with their phones held up.  If so, they're most likely looking to catch Pokémon.

So what makes it possibly dangerous for Bucks County?  Pokémon Go encourages players to travel around while looking at their cell phone screens as they wait for virtual monsters to appear. Players must stop and catch the monsters in order to win the game. Pokémon can appear anywhere – parks, lakes, tops of buildings and even on busy roadways. The random appearances are what lead some players to walk blindly into dangerous situations.

There have been many reports of people being struck by cars because they weren't paying attention because they were looking at their phones.  Further, there have been reports of several car accidents because people are distracted by using their phones to catch Pokémon while driving.

The bottom line is that although Pokémon Go is a fun game and has been successful in getting gamers off their couches and outside, it is still something that should be played safely.  Remind your kids to always look both ways to cross the street.  And, for God's sake, don't play Pokémon Go while you're driving.

If you need help with a Bucks County personal injury case, the lawyers at Hoffman, Sternberg & Karpf, LLC. are waiting for your call at (215) 953-8955.

How to Pick a Bucks County Car Accident Lawyer

You are driving down a Bucks County road, you stop at a red light, you think about all the things you want to accomplish today, and then BAM! You hear the thud, you shake forward and back and you are a little in shock. You gather your composure and then realize that someone has crashed into your car.  All of the sudden, you realize how badly you are hurt and how badly your car might be damaged.  And if you are like most people, you really have no good idea what you need to do when you’re in a car accident. Your friends and family members encourage you to consult an attorney. But how do you find the right one?

The Wrong Way to Choose an Attorney

Before I tell you the best way to find a Bucks County Injury Lawyer, let me tell you a story about a conversation I had with a friend of mine many years ago (before the Internet existed).
We were catching up and she lamented that she was going through a divorce and her lawyer was terrible. He wasn’t getting anything done and he wouldn’t return her calls.  I asked the natural question, “How did you find him?”  I was stunned by her response, “I found him in the Yellow Pages.”  I knew this person well enough to know she would not choose a hair stylist out of the Yellow Pages. Without a personal referral, she wouldn’t trust a stranger to cut her hair. But, she would turn over one of the most significant events in her life, one with far reaching consequences, to a lawyer she found in an advertisement.  When you think of it that way, it sounds crazy. However, I’m here to tell you, yesterday’s Yellow Page ad is today’s television commercial. Although there is nothing wrong with advertising, the fact that a law firm can pay for a TV ad has absolutely no correlation to the attorney’s abilities or just as importantly, his desire to help you.

How to Find the Right Car Accident Lawyer

So, how do you find the right lawyer for your case? While it seems intimidating, it really is a pretty simple process.

1. Ask around.

Get a personal referral. Speak to friends and colleagues and find out which attorneys they know and have used previously. Be sure to ask questions like this:

• Were you happy with him or her?
• Did the lawyer keep you informed and up to date?
• Did you have regular communication with the attorney?
• Did he or she return your phone calls and emails in a timely fashion?
• Did the lawyer seem passionate about your case?

If the answer to even one of those questions is no, strongly consider looking elsewhere.

2. Do your research.

Once you get a referral, don’t forget to research the attorney’s credentials. Conduct an Internet search for an experienced personal injury lawyer in Bucks County or for the best car accident lawyer in your area.  Then, be sure to read the various websites and be sure to spend time looking at the lawyer’s credentials.  See if you think the attorney would be a good fit for you. To do that, you should consider the following:

• Significant Experience.  Has the attorney handled your type of case before? Does he regularly go to trial? Is she willing to go to trial or will she push hard to settle your case?  It is well known that most cases settle. However, while many cases should settle, not all of them should. You need a lawyer who is known for a willingness to try cases, even difficult ones. You would not be afraid of a dog that didn’t bare its fangs. A claims adjuster is not afraid of a lawyer who won’t try a case. Ask for specifics.

• Significant Credentials.  While it is important that you have a good relationship with your lawyer, you are not hiring him to be your friend. You are hiring an advocate. You need to make sure you retain a lawyer with a proven track record of success. Look for credentials such as board certifications, peer ratings from other attorneys, ratings from Avvo or Martindale and other legal awards. You have every right to expect, require and demand your lawyer be highly qualified. Simply getting your license to practice doesn’t mean you are qualified to handle a case properly.

• The Money to Finance Your Case. Most people don’t consider this when retaining a lawyer. However, car accident lawsuits are expensive. You want to make sure your lawyer can afford to handle your case from start to finish and that finances don’t influence his decisions. Taking depositions and hiring experts are expensive. Make sure you retain a lawyer who can afford to do so. How do you do this? Take a look around his office. Does he have a nice building, sufficient space, good location, and proper staff? If a lawyer doesn’t have these things, he likely can’t afford them. Hiring a lawyer who can’t afford your case may result in your claim being compromised. His financial challenges are not yours.

• The passion to handle your case. There are literally hundreds of lawyers to choose from. You want a lawyer who will fight for you and family, placing higher value on your recovery than his bank account. Many lawyers will tell you what you want to hear to get your case. Then, when he opens the file and realizes your injuries are not severe or there is a lack of insurance coverage, he quickly loses interest. This is not who you want to be your lawyer.

• Regular communication. Remember that you are hiring a lawyer, not a paralegal. Make sure you hire a lawyer that will take your calls, return your emails and answer your questions. Ask about the attorney’s policy with regard to this. For instance, will your attorney return calls and emails within 48 hours? Will your attorney meet with your on a regular basis to discuss the status of your case?  I get a number of clients who have been previously represented. The complaints about their prior lawyers are almost always the same -my lawyer wouldn’t talk to me, I didn’t know what was going on with my case. Don’t let that be you.

If you follow the above steps, you will be able to get through a very difficult time of your life relatively smoothly.  Remember, be your own biggest advocate. There is no such thing as a small case. You should not care about how many million-dollar cases I have going on. The only case you should care about is yours. Make sure your lawyer feels the same way.

The Car You Are Most Likely to Die In...

Because many of our clients are involved in car or truck crashes, this article caught my eye. Basically, the article describes what vehicles are the safest…and what cars are the most dangerous and most likely to cause serious injuries and death if it's involved in an accident.  The data was compiled by the Insurance Institute for Highway safety.  As you might guess, automobile insurance companies are very interested in lowering the amount of injuries sustained in car crashes, thus lowering the amount of money they have to pay out for medical bills and damages in negligence lawsuits.

When you look closely at the list, the most dangerous vehicles are the smaller…or mini-vehicles. The number one most dangerous car to drive is the Kia Rio.  So, check out the list…you have been warned.

As always, if you have any questions regarding a Bucks County personal injury case, please feel free to contact the lawyers at Hoffman, Sternberg & Karpf, LLC. at 215-953-8955.

Marijuana Is Not Linked to Car Crashes

Because many of our Bucks County clients are injured in car and truck accidents--this article from Reason.com caught my eye.  Further, given that more and more states are making the use of small amounts of marijuana legal, this topic is on the front edge of Pennsylvania Automobile Law.

In "the first large-scale [crash risk] study in the United States to include drugs other than alcohol," NHTSA found that, once the data were adjusted for confounding variables, cannabis consumption was not associated with an increased probability of getting into an accident.  Further adjusting for alcohol consumption made the crash risk of cannabis consumers equal to that of drivers who tested negative for alcohol and all other drugs. In other words, the study provides no evidence that marijuana use increases crash risk. Furthermore, the authors note, that result is similar to what the best-designed previous studies have found: a small or nonexistent increase in crash risk.

If you have any questions regarding a Bucks County car accident or truck accident case, please feel free to contact the lawyers at Hoffman, Sternberg & Karpf, LLC. at 215-953-8955.  

Taxing Legal Services in Pennsylvania

Governor Wolf has proposed in his new budget raising taxes on many items.  But he has also proposed beginning taxing of legal services.  Here's an article from the Morning Call describing what he is proposing.

Taxing legal services is bad public policy. There are three basic arguments against the sales tax on professional legal fees: 1) a tax on professional legal fees is a tax on the basic, constitutional right of citizens to have access to justice and the courts; 2) the sales tax is a regressive tax that is made more so by its application to basic goods and services; and 3) the sales tax is bad for business.

 Please feel free to contact the Governor's office here and politely let them know that taxing legal services is bad public policy. Residents of Bucks County with personal injury cases don't need their legal fees increased.

If you have any questions regarding a Bucks County personal injury case, please feel free to contact the lawyers at Hoffman, Sternberg & Karpf, LLC. at 215-953-8955.