What You Should do if You’re in an Accident

By: J & B

After you have been in a motor vehicle accident, it may be difficult for you to think clearly, let alone think in terms of protecting any legal claims you may have as a result of the accident. However, there are some simple steps you should take after an accident, no matter how minor it may be, that can help protect you after the accident – especially if you have trouble down the road getting the insurance company to pay your medical expenses or other covered losses.

Exchange insurance and contact information.

If your accident involved another driver, you should exchange your insurance information and contact information with them, but nothing else. Do not discuss fault. Do not discuss the accident. Even simple statements like, “I didn’t see you” or “I’m sorry” may come back to haunt you later when it’s time to determine fault. On the other hand, make note of anything the other driver may have said after the accident. Such statements could be helpful in the event there is later legal action.

Collect information about the accident.

It is important to take note of as much information about the accident and how it occurred as you can while you still remember it. If you have a camera, take pictures of the accident scene, including the damage to your car and the other vehicle. If there were witnesses to the accident, ask them for their contact information. Write down a narrative of how the accident happened. There may be important details or impressions you remember immediately following the crash that you may not remember a couple of days later.

Call the police.

It is always a good idea to have a police report for the accident – and if someone was injured in the crash or a vehicle had to be towed from the scene, then the police must file an accident report. The officer will review the property damage to both vehicles and should attempt to interview the drivers, any passengers and any witnesses to the accident. The officer also may make a conclusion as to fault and include it in the official accident report. Traffic citations may be issued if the police feel violations of the vehicle code were committed. You will want to keep a copy of this report for your own records.

Go to the ER.

There have been many people who have walked away from a car accident thinking they were fine only to learn later that they were injured. Don’t be one of those people. You could have a concussion, a neck or back injury or even a traumatic brain injury and not be aware of it immediately after the accident. If you do not want to go to the emergency room, then consider making an appointment with your doctor as soon as possible if you have any symptoms or medical conditions following the collision. Either way, it is important to find out if you have been injured in the accident and, if you have been, to get the treatment you need to get better.

Contact your lawyer

Before you call your insurance company to report the accident, contact your attorney. Even your own insurance company may not have your best interests in mind after an accident. As soon as you speak with a claims representative, the insurer is going to begin collecting information that can be used against you, either to deny your claim or to significantly reduce the amount of your recovery. An attorney experienced in helping accident victims can work to protect you by establishing the validity of your claim and working to maximize the amount of your monetary recovery. A lawyer also can help you if the insurance company tries to use any unfair practices against you, like avoiding your calls and using other tactics to delay paying your claim.

Protect Yourself before the Accident: Buy the Right Type of Insurance Coverage

While there may be little you can do to prevent someone else from hitting you, you can take steps to make sure that you have maximum financial coverage in case you are injured in a motor vehicle accident. The most important way to do this is to buy the right type of insurance coverage.

In Pennsylvania, this means four key things:

• Maximize your Liability coverage
• Maximize your Uninsured and Underinsured motorist (UM/UIM) coverage
• Always choose “full tort” coverage and not “Limited tort” coverage
  Elect to “Stack” your UM/UIM coverage

State law only requires drivers to carry liability coverage in the amount of, $15,000 per person and $30,000 per accident (often referred to as 15/30 coverage). This means that if you are involved in a car accident and injure someone else, your insurance company will pay a maximum of $15,000 to each injured person up to a total of $30,000 for the accident. If you are in an accident that seriously injures someone, however, these amounts are unlikely to pay all of the injured person’s medical expenses thus exposing you to legal action for the remainder of the damages. It is normally prudent to carry liability insurance coverage in greater amounts, usually at least limits of $100,000 per person and $300,000 per accident.

Since liability coverage only covers the people you may injure in an accident, you need additional coverage for you in case you are injured. This is known as a UM/UIM coverage, or “uninsured” and “underinsured” motorist coverage. UM policies provide coverage in cases when you are hit by a driver who does not have car insurance. It also will cover you if you struck by a hit and run driver. UIM policies provide coverage if you are hit by a driver who does not have enough insurance to cover all of your injuries. For example, if you suffer catastrophic injuries in a car accident and the other driver only carries the basic liability requirements (15/30 coverage), your UIM policy can help cover the difference, up to the UIM policy limits.

Lastly, Pennsylvania drivers are given the option to select full tort or limited tort coverage. Full tort coverage means that you have full legal rights to recover compensation for all of your losses from the at-fault driver – both economic and non-economic damages such as pain and suffering. Limited tort coverage, on the other hand, means just what it says – you have limited legal rights to recover compensation for your injuries from the at-fault driver. Thus, a limited tort insured may normally collect only economic damages such as the medical expenses incurred.

Thus, if you have a limited tort policy, you generally only will be able to recover your economic losses in a lawsuit against the other driver, which includes medical expenses, lost wages and other out-of-pocket expenses. Your ability to recover compensation for pain and suffering and other non-economic losses (often the largest component of damages) is limited to four exceptions:

• The accident was caused by a drunk driver
• The accident was caused by an out-of-state driver
• You were in a “commercial vehicle” at the time of the accident
• You sustained a “serious injury” in the accident

Under Pennsylvania law, a serious injury is defined as an injury that “results in death, serious impairment of a bodily function or permanent serious disfigurement.” The law, however, does not specifically define serious impairment of a bodily function or permanent serious disfigurement, which can make it very difficult for accident victims with a limited tort policy to recover damages for pain and suffering even when they have what most people would consider a serious injury.

Limited tort policies are attractive because they can lower insurance premiums by as much as 15%. This cost savings, however, will not seem so significant if you are seriously injured in a car accident. There are other ways to cut costs from an insurance policy, like increasing your deductible, which will be less harmful overall than choosing a limited tort policy.

Conclusion

If you have been involved in a motor vehicle accident, make an attorney experienced in handling accident cases one of the first people you call. Your attorney can begin working on your behalf to protect your rights and help you recover the compensation you are owed. For more information, contact a knowledgeable attorney today.

Heavier Trucks on the Roads

By: J & B

If passed into law, a new bill currently working its way through the U.S. Senate would increase the weight and size limits for commercial trucks on American roads. While many in the trucking industry have been vocal supporters, the legislation raises some serious concerns.

Details of the Bill

Senate Bill 747 (“S. 747″), named the Safe and Efficient Transportation Act of 2011, proposes an end to the federal moratorium on modification of current size and weight standards for commercial trucks. Today, semi size on most interstate highways is capped at 80,000 pounds with 5 axles. The new law would increase the maximum weight to 97,000 pounds, granting trucks with an added axle the option to take on extra cargo.

Individual states may set their own weight restrictions on large rigs, and many states already allow loads of up to 85,000 pounds within their borders. This federal legislation would give states the ability to opt in to a uniform standard for heavier trucks.

Pros and Cons

Supporters of S. 747 label it a green initiative that would help reduce traffic congestion by lowering the number of vehicles on the road. Bigger trucks, they say, mean fewer vehicles would be necessary to transport the same amount of material. In addition, one study from the American Transportation Research Institute found a truck operating at the increased limit is 17 percent more efficient in terms of fuel expended per ton of cargo hauled.

However, not everyone is so thrilled with S. 747. For one thing, trucks with higher weights put added stress on roads, meaning a higher burden on local taxpayers for repairs. Some roads and bridges are also not currently equipped to handle the increased loads, and would require extensive repairs or replacement.

More importantly, bigger trucks create a more serious danger to other drivers. The U.S. Department of Transportation reports that the fatal crash rate in truck accidents is almost 40 percent higher than for cars. Law enforcement groups have almost uniformly opposed increasing truck weight limits, and truckers themselves admit that added cargo make semis harder to control. Even if the modest fuel savings promised by supporter of S. 747 were realized, it is hardly worth the safety risk to other drivers.

If You Have Been Injured

Semis and other large commercial vehicles, regardless of size, present a real safety threat to other drivers that increases in proportion to vehicle mass. If you or a loved one was involved in a trucking accident, contact a personal injury attorney today to explore your legal options.

Pittsburgh Pennsylvania Bike and Cycling Roadway and Street Safe Zone

By:J & B

Pittsburgh has started to embrace many of the safe bicycling standards. There have been numerous “biking” lanes added to city neighborhoods. Trails and paths for bicycling have been restored and are used every day. Many times these bike trails can cross major roads and busy streets creating a dangerous environment for bicyclist. Pennsylvania took a huge stride for bicyclist toward improving our bike friendly standing yesterday, when Governor Tom Corbett signed House Bill 170, labeled the “Safe Passing Law”.

HB 170 amends PA’s motor vehicle code to provide the following protections:

• Every car that passes a bike must give a minimum of 4-feet of clearance at a “prudent reduced speed”
• No turn by a motorist may interfere with a bicycle proceeding straight
• Bicycles may be operated at a safe and reasonable speed appropriate for bicycles
• Bicycles must be operated in the right hand lane, or as close as practicable to the right-hand curb or edge of roadway. This does not apply to a bicycle using any portion of the road due to unsafe surface conditions.

Creating a safe distance between yourself and a bicyclist on a roadway will enable the bicyclist to see the driver and the driver to see the bicyclist. These laws are not just for drivers but for bicyclist as well. The road is governed by laws that apply to both.

To often these traffic rules and bike laws are overlooked and an accident occurs. Regardless of fault more than likely there will be property damage and personal injury. It is important that you know your rights if you are injured in a bicycle vs. automobile accident. Contacting a attorney who concentrates on injury laws and traffic laws, will give you the best opportunity to interpret the traffic and bike laws that apply to your accident.

As the push for a less petroleum dependent society grows, so will the number of bicyclist on our roads. We must learn to share the roads and keep them safe for both the bicyclist and motorist. With the passing of HB 170 Pennsylvania has taken the needed steps to create a more “bike friendly” environment.

Product and Drug Recall Attorney In Pittsburgh

By:J & B

Often time people think of personal injury legal claims as being limited to accidents and trauma. Personal injury claims can also be the result of a faulty or recalled product or a recalled drug.

Items you use in your everyday life are expected to be safe for everyday usage. The same is true for the drugs that doctors prescribe and over-the-counter medications we use. We take these medications with the trust that the FDA has approved them for public consumption. There is also an expectation that products are safe for their intended use, from their manufacturers and retailers. But, when a product or a drug does lead to personal injury or disfigurement, there maybe a personal injury claim.

If you or someone you has been injured or harmed by a drug or medication, including claims from the use of a recalled product, drug, or medication contact an attorney to discuss your legal rights.

Attorney in Pittsburgh for a Personal Injury Due to a Dog Attack or Dog Bite

By:J & B

How many times have you heard someone tell you that their dog ,“would never bite anyone”?

However, all such a dog owner can truly say is , “my dog hasn’t bit anybody yet”.

Pittsburgh is full of dog owners. We share our homes and our lives with dogs. The trails in the parks and streets of Pittsburgh communities are swarming with dog walkers. There are now dog parks being built to fence in a specific area for your dog to play with other dogs, at your own risk.

To many times a dog that is perceived, by its owner and those who are familiar to it, to be passive and friendly will bite or attack another dog or even a person. When a dog bite or attack occurs there is unfortunately often severe bodily harm and/or disfigurement. Medical and veterinary bills can be financially devastating. The entire situation can be traumatic and overwhelming to the victim and pet owner.

In these cases there are clear laws and rights. A victim of a dog attack has legal rights. Medical costs as well as pain and suffering can be awarded to victims who seek the counsel of a lawyer that handles dog bite cases in Pittsburgh. An attorney knowledgeable in law surrounding negligent pet owner and liability for dog attacks will represent you and help you determine how to move forward with legal actions.

There are no winners in a dog attack or dog bite case. The pet owner and the victim both share a burden. In order to avoid dog bites and attacks keep your pet on a leash and muzzled, when in public.
Never assume that a dog will never bite.

BIKERS BEWARE LEFT TURNING VEHICLES ARE EVERYWHERE

By:J & B

As summer gets into full swing we are seeing more and more deadly traffic accidents involving motorcycles. What may come as a surprise to many people is that most accidents involving motorcycles are not the fault of the biker. Based upon the many motorcycle accidents our firm has been involved with, there is no doubt that one of the most frequent and deadly types of motorcycle accidents are caused by left turning cars.

For some reason drivers have trouble recognizing or properly assessing the speed of oncoming motorcycles. It may be due to the fact that an oncoming bike does not present the same danger to the left turning automobile as another automobile does. Another explanation is that, visually, drivers do not pick up motorcycles as quickly as they do automobiles. As a result, the driver makes a split second decision to initiate the left turn before it recognizes the oncoming bike. At that point it is too late and the vehicle is already in the path of the motorcycle. The biker has no time or ability to react and a collusion is unavoidable.

The first thing drivers say after many of these accident is simply “I didn’t see him coming”. Experienced bikers are trained to be alert for cars making unexpected moves into their lane of travel. However, it is really difficult for a biker to anticipate this type of thing all the time. On the other hand, drivers are not trained specifically on recognizing motorcycles or even alerted to the fact that they may be more difficult to pick up.

My son recently received his learners permit. In reviewing the training manual issued by PennDot I did not see anything in the manual relating to a driver sharing the roadway with motorcycles. May be this is something PennDot should take a look at. If one life could be saved it would be well worth it.