The crash - as is the case in many other fatal accidents - occurred when the trooper's vehicle crossed over the center line into the opposite lane and hit the victim's vehicle head-on. The victim was pronounced dead at the scene of the crash.
]]> The trooper is suspected of homicide by motor vehicle while driving under the influence, and he will likely face other related charges, according to The Post-Journal. The nine-year veteran of the state police was arraigned and released after posting $25,000 bond.
If he pleads guilty to such charges or is found guilty of causing the victim's death, the trooper will face severe consequences. His punishment would likely be a combination of jail time and fines. He could also lose his driver's license and his job.
The victim's family may or may not find some solace in those potential criminal penalties. Regardless of how the criminal case affects them personally, though, they also might be able to seek civil damages for the loss of their loved one through a civil lawsuit.
Typically, auto accidents that result in injuries are grounds for a personal injury lawsuit, while fatal accidents give rise to wrongful death lawsuits. Since the state police suspect that the trooper was under the influence of alcohol, it is likely that the family will have a strong case against him. The ongoing investigation will provide more details as to who can be held liable for the crash.
Source: The Post-Journal, "Pa. State Trooper In Custody After Fatal Accident," Feb. 10, 2012
]]>
According to The Morning Call, one of the men involved in the fatal motor vehicle accident was driving eastbound when he lost control of his vehicle at a curve in the road. The vehicle veered into the westbound lane, and the man was ejected after a head-on collision with the other man's vehicle. The other vehicle went off the road, over an embankment, and caught fire. Both drivers died at the scene of the crash.
]]> The official cause of the accident has not been announced. The area, however, is notorious for its winding and sharply curving roads, mountainous terrain and oddly angled intersections, according to the Call. Besides the geographical layout of the land, speeding is to blame for many of the region's accidents. According to the Call, an estimated 80 percent of traffic accidents are caused by behavioral factors, including:Some of the state's rural roads were carved out long before modern planning or traffic engineering. The Pennsylvania Department of Transportation has made many safety improvements to Old Post Road in the last few years, but the hazardous nature of the area still contributes to too many accidents.
Source: The Morning Call, "Route 329: Dangerous road, or dangerous driving?" Dan Hartzell, Feb. 9, 2012
]]>When consolidated, these personal injury lawsuits represent over 300 retired NFL players and/or spouses blaming the league for negligence treating concussions and their consequences. Plaintiff attorneys applaud this decision as it brings the parties together to examine the legal, medical and scientific issues in one courtroom setting before one senior U.S. District Judge.
]]> Along with negligence claims, the plaintiffs (former players and spouses) accuse the NFL of "intentional misconduct" when responding to the "headaches, dizziness and dementia" suffered by many former players. Some plaintiffs report no current symptoms, but are concerned about future health issues related to insufficient treatment of their concussions.The condition, chronic traumatic encephalopathy (CTE), has been involved in the deaths of more than a dozen former NFL and NHL players, now deceased, who have had their concussed brains autopsied. One former player is apparently the only still-living plaintiff who has already been diagnosed with CTE.
Attorneys for the NFL promise to "vigorously defend" these claims, while supporting the combination of the separate personal injury lawsuits. Seeking to have the suits thrown out, the NFL is trying to block the many depositions sought by plaintiff lawyers. The league's position is that these claims are "barred" per the current and former collective bargaining agreements.
The court will first process all pretrial issues and rulings regarding the nature and scope of evidence permitted at trial. Up to a dozen similar lawsuits have already been filed in New York, New Jersey, Georgia, Florida, and Pennsylvania.
Source: Claims Journal, "4 NFL Concussion Lawsuits Being Combined in Philadelphia," Maryclaire Dale, Feb. 2, 2012
]]>Most often these lawsuits are an attempt to recover financial compensation for an injury or death that was due to another person's negligence. Sometimes however, they are a way to hold a negligent party responsible legally when criminal charges are not viable.
]]> It used to be that the only way people would try to receive financial compensation was through a civil lawsuit. Within the last few years however, that has changed. In 2010, throughout the state, a total of 140,764 civil cases were filed for a variety of reasons, including personal injury and wrongful death. This is down 21 percent, or 37,320, from the number of civil lawsuits filed in 2007.There are of course several reasons for the decline. One is a rule that took effect in 2002, the purpose of which was to keep frivolous cases from being filed. Another reason is the expense of trials. Personal injury and wrongful death lawsuits often necessitate the use of expert witnesses. Depending on the witness, they may charge up to $700 an hour.
This is not to say that plaintiffs are not seeking justice. Instead, plaintiffs are turning to processes like mediation to resolve their issues. Under this model, a neutral mediator works with both sides to try to reach a solution to the disagreement. If, for whatever reason the process fails, court is always an option.
Source: Pittsburgh Tribune-Review, "Civil suits decline in state, as more are choosing mediators," Bobby Kerlik, Feb. 6, 2012
]]>Last week, a pedestrian was injured in East Deer, Pennsylvania, when a Ford Mustang hit her and then left the scene. The 47-year-old woman was with her boyfriend when the incident occurred. Just before the car hit her, they were apparently walking down the steps of the Creighton Hotel located on Freeport Road. Her boyfriend reportedly tried to push the woman out of the way when they realized the car was coming toward them. Unfortunately, despite his best efforts she was still struck.
]]> The woman's injuries were described as life-threatening and she was taken to Allegheny General Hospital located in Pittsburgh.As mentioned above, the man driving the Ford fled the scene of the accident. Police located the car about an hour after the accident based on a description provided by the injured woman's boyfriend. The driver again tried to flee, first in his car and later on foot. He was eventually apprehended through the use of a Taser.
The driver gave several different versions of what happened. He said he fled because he was driving without a license. He also claimed another car rear ended his car causing him to lose control and hit the woman.
Whatever the reason for the accident, the man has been charged with several crimes including drunken driving, aggravated assault with a vehicle and resisting arrest and fleeing or attempting to elude police. The injured woman may decide to file a civil personal injury case against him as well.
Source: Valley News Dispatch, "East Deer woman seriously hurt in hit-and-run incident," Chuck Biedka, Feb. 7, 2012
]]>Despite the fact that his injuries were apparently not life-threatening 24-year state police veteran was nonetheless transported via helicopter to UPMC Presbyterian after first being taken to Armstrong County Memorial Hospital. The extent of his injuries is unknown though there were reports that he was complaining about pain in his neck and back.
]]> After the accident, the ramp was closed for a while by PennDOT. During that time the scene was examined by investigators.A description of the vehicle that left the scene has not yet been released. If the driver is found it is likely that he or she will face criminal charges. In addition, a civil lawsuit could be filed against the driver as well. If successful, the state trooper could recover damages for things such as medical bills and lost wages.
Regardless of whether the driver is located, it is highly likely that the injured state trooper will file a workers' compensation claim. This process can be confusing and complex. In addition, it can be difficult to secure the maximum amount of benefits available. With the assistance of an experienced workers' compensation attorney, the entire process is usually easier to navigate.
Source: KDKA, "State Trooper Injured In Armstrong Co. Hit & Run Accident," Feb. 2, 2012
]]>States throughout the nation have been working hard to prevent these scams from occurring and Pennsylvania is one of the most aggressive. This is due to laws that were implemented in the 1990s. For instance, Pennsylvania laws require is that insurance companies report investigations they have conducted to the state. While these laws help keep auto insurance scams in check, they have not stopped them from happening.
]]> According to the Pennsylvania Insurance Fraud Prevention Authority, since 2007, insurance fraud has increased 75 percent. There are three types of fraudulent auto insurance claims that are most often seen.The most common fraudulent auto insurance claims are based on staged accidents and accident reports that are fake. These account for 68 percent of the scammer's claims. The second most common are known as "jump-ins." In these cases individuals quickly get into a car that has been hit and claim to have sustained injuries. They account for 25 percent of the fraudulent insurance claims. The last 7 percent consist of injuries that have been exaggerated.
Most people would like to see auto insurance fraud eradicated because in the long run, these types of scams ultimately end up costing all residents of Pennsylvania money. While the state has taken steps to try to reduce these types of incidents, most would agree that there is still room for improvement.
Source: WHPTV, "Scammers making millions off of staged auto accidents," Annie McCormick, Jan. 27, 2012
]]>This past weekend, a pedestrian was struck and killed while walking along the side of Interstate 70, close to North Belle Vernon, Pennsylvania. The accident occurred a little before 11:00 p.m., near Exit 42. At the time of the incident, it is thought that the 27-year-old man was on his way to the home of a family member. According to sources, the two lived within walking distance of each other.
]]> The pedestrian was hit by a car driven by an individual whose driver's license had been suspended. To determine whether the driver was intoxicated when the pedestrian was hit, authorities conducted a toxicology test. Depending on the results of that test, the driver could be charged with a crime.Two other vehicles were involved in the incident. They ran into each other as the drivers of the cars attempted to avoid the accident involving the pedestrian.
Sadly, it is all too common for pedestrians hit by cars to sustain serious injuries that result in death. This makes sense when one considers the difference in size and weight between a human and a motor vehicle. When a car hits a pedestrian, flesh and bone is all there is to absorb the power of the impact. Depending on the speed of the vehicle at the time of the collision, the damage done can be catastrophic.
Source: KDKA, "New Details In Deadly I-70 Pedestrian Accident," Jan. 30, 2012
]]>Initial reports from fire fighters are claiming that a white commercial box truck rear-ended a tractor-trailer at speeds that have not yet been determined. The two vehicles were headed east when the crash took place.
The driver of the box truck was trapped in his vehicle and fire officials are reporting that it took three Hurst tools, otherwise known as the "jaws of life," to remove the man from the truck. Reports also claim that the man did indeed suffer injuries; however, the severity of those injuries is not yet known.
Although there was a density of rain and sleet-like conditions at the time of the accident, no one has said whether or not it played a significant role in what has happened. However, far too often trucks such as these disregard the weather-especially when navigating highways. When the elements are in poor standing the only real way to stay safe is to slow down and use the left lane only when passing.
For the time being, eastbound traffic on Interstate 90 has been restricted to a one-lane-snail's-pace between exits 29 and 35. PennDOT told officials they expect the lane to re-open by around 1 o'clock this afternoon.
]]>Ohio State Troopers are reporting that a 30-year-old man from Warren, OH was killed when the car, in which he was a passenger, drove off the road on Route 82 just west of Route 11 and the Old Avalon Golf Course in Howland, OH, and hit a pole from an overhead sign around 12am.
According to police, the unnamed driver was navigating a 1995 Chevrolet Camaro westbound on Route 82 when he drove off the right side of the road and hit the pole. The passenger was riding in the right front passenger seat and was pronounced dead at the scene. Police say that the vehicle's high rate of speed appears to be a major factor in the accident. The driver of the car is still in critical condition at St. Elizabeth Health Center, and two other passengers, both female, are listed in serious condition.
In an unrelated story, a 35-year-old man from Vienna, OH died when he drove off state Route 193, or Youngstown Kingsville Road, near Smith Stewart Road and Route 162 in Vienna. Police are reporting that the man almost certainly died instantly when he ran head-on into construction equipment that is parked in a lost just off the road. Troopers also say that the man was unfortunately not wearing a seat belt. Both of these crashes will remain under investigation by local and state police.
http://www.wkbn.com/content/news/local/story/Two-Dead-in-Trumbull-County-Accidents/sRPWlQ6ZEEqJMb2BSGKC9w.cspx
]]>One man said he sustained burns to his face, ears, hands, knees, head, neck, lips and arm. He also suffered from bone and muscle injuries. In addition, the incident reportedly left him with a nervous disorder.
]]> Among other injuries, the second man claims to have sustained burns on his chest, neck, hair, scalp and face.This past week, those welders filed a lawsuit against Helmerich & Payne International Drilling Co. They claim that the Oklahoma company was negligent in two ways. The first negligent act asserted is that the company should have taken precautions to ensure the gas was not released. The second negligent act the company allegedly committed was instructing the men to remain in the lift despite having the knowledge that flames could reach them.
Accidents that inflict burns can result in the need for long term care. This care may include physical therapy, surgeries and treatment for pain. In addition, permanent scars can result. Personal injury lawsuits are designed to help cover some of the expenses resulting from accidents such as those involving fire.
We will monitor this case and post updates as they become available.
Source: Tribune-Review, "2 sue for injuries from fire in Derry Township," Rich Cholodofsky, Jan.26, 2012
]]>The driver of a dump truck was injured one morning earlier this week when the bed of his truck collided with a highway overpass. The accident occurred outside of Pittsburgh on U.S. Route 119, in White Township.
]]> After the accident, the man who was behind the wheel of the truck was transported to the Indiana Regional Medical Center. According to authorities at the hospital, the man was released after receiving treatment. Though presumably his injuries were not serious, the nature of his injuries is unknown.It is not known whether the collision caused any damage to the overpass known as Airport Road.
There are many different reasons that car accidents occur. Sometimes it is due to negligence on the part of the driver behind the wheel. This negligence may take the shape of driving while drowsy, or distracted driving. Other times, equipment defects are to blame. In this case it is unclear as to why the bed of the truck began to rise as the man drove the truck. It is also unknown whether there was anything in the bed at the time of the incident.
Whatever the cause of this incident, it is important to remember that while often portrayed as the "bad guy" when trucks are involved in accidents, they are not always at fault. In addition, truck drivers are sometimes injured as well. In these cases they have rights too.
Source: The Republic, "Driver hurt when dump truck's bed lifts, hits western Pa. overpass; accident investigated," The Associated Press, Jan. 24, 2012
]]>Injuries to people hit by cars are unfortunately quite common. While there are likely several reasons for this, a contributing factor is probably the wide spread use of headphones with iPods and MP3 players to listen to music. According to a recent report conducted by the University of Maryland Children's Hospital, between January 2004 and June 2011, 116 deaths to pedestrians wearing headphones were recorded.
]]> Over 100 of these accidents occurred in a city. While cars were involved in many of the incidents, more than half of the victims were actually hit by trains. Perhaps not surprisingly, overall, a majority of the people who died were under the age of 30.The lead researcher in the study indicated the use of headphones not only blocks out warning sounds such as horns and sirens, but also serves as a distraction for the person wearing them.
While there are certainly times when an accident could be avoided if a pedestrian was to be able to hear an approaching vehicle it is important that all drivers do what they can to avoid crashes with anything around them.
Source: US News and World Report, "Injuries to Pedestrians Wearing Headphones Tripled Since 2004," Steven Reinberg, Jan. 17, 2012
]]>At around 5:30 Wednesday evening, Pennsylvania state police were called to the scene of a two-car accident on Rt. 6, just east of the Rt. 89/Rt. 6 intersection, and due west of down town Corry, PA.
It has been reported that both vehicles had more than one passenger and that as many as six people were injured in the devastating crash. Police report that both vehicles were completely totaled in what looks to be a head on collision. All victims were taken to UPMC Hamot, and two of them had to be flown by Lifestar from the scene of the collision. At this time, there is no update as to the conditions of those involved in the crash.
Speeding and weaving in and out of traffic are dangerous driving behaviors that often lead to tragic traffic collisions. Head-on collisions are usually fatal and are often due to vehicles crossing over the double-yellow line, or median, driving directly into the path of on-coming traffic. Although this accident occurred in Corry, head-on collisions can happen anywhere, so it is important to always drive carefully.
If involved in an accident such as this it is important that all parties know their rights. Finding a no-nonsense attorney as soon as possible is the best thing a victim can do for themselves. Often times, when someone is injured in a car accident they settle for an insurance company's lowest bid. Under the counsel of a trusted lawyer, victims are regularly compensated far more than they originally assume.
Read full article Several Injured in Crash Near Corry
]]>As such, many entities are involved in the decisions made surrounding school bus stops. The National Highway Traffic Safety Administration (NHTSA), state Highway Safety Associations, transportation planners, school district and local government officials, local police departments, parents, and bus drivers all place the issue at the top of the priority list. But the issue involves human behavior at a time of day when most are hurried, tired, anxious, and easily distracted. Add school-aged children into the mix and the potential for an accident increases substantially.
There are sensible guidelines in every district's plan for safe bus stops, and seemingly tough enough consequences for drivers who would disregard the laws of vehicular navigation as it relates to school busses and bus stops. But every year, heart wrenching tragedy resurfaces with news stories of young children whose lives are abruptly halted or forever changed due to an accident on their way to or from school.
We reported earlier on the blog the death of a young Erie County student who was hit by a distracted driver while waiting for her bus. That same crash also injured another student. Parents in Erie have been calling for changes to the location of that particular bus stop.
]]>