Pennsylvania Law Monitor

After a Denial for Social Security, What Does a Judge Considers in a Social Security Disability Appeal?

Leslie A. Mitnick — Mon, 06 Feb 2012 08:11:05 -0500

If you have received a denial of your initial claim for Social Security Disability benefits, and requested an appeal, you will likely appear before a Social Security Administrative Law Judge (“ALJ”) who will decide whether you meet the criteria for disability benefits.

Social Security requires that the ALJ consider all of the following factors to determine whether a claimant is disabled:

whether the claimant engaged in substantial gainful work;
whether the claimant has a severe impairment;
whether the severe impairment meets or equals an impairment in the Listings of Impairments;
whether the claimant has the residual functional capacity (“RFC”) to perform his or her past relevant work;
whether, in light of the claimant’s RFC, age, education, and work experience, there are other jobs the claimant can perform.

Although the factors that the ALJ uses are the same for each claimant, the way in which each judge applies or interprets the factors to an individual claim varies widely from judge to judge. That is, there is a certain amount of subjectivity in each judge’s decision.

A local attorney experienced in Social Security Disability law, who has appeared before the various ALJs in his/her region, is a tremendous asset to a claimant during the appeal process. Knowing what the judge looks for, in terms of documentation of the claimant’s physical or mental capabilities as well as the type of work that claimant has performed is an important part of the presenting the claimant in the most favorable light when he or she appears before the judge with his attorney.

Leslie A. Mitnick is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. Mitnick.

Dangers Associated with Extended Hours for Commercial Truck Drivers

John F. Cordisco — Fri, 03 Feb 2012 08:08:35 -0500

Many commercial truck drivers, especially those with company incentives, push the envelope when it comes to abiding by the rules limiting the amount of time they are allowed to drive. Interstate commerce truck drivers may drive a maximum of 11 hours, but only after 10 consecutive hours of being off duty. Furthermore, a driver may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14 hour limit.

Driver log books are the only hard evidence that show how long a driver has been on the road. Unfortunately, log books are often known as “joke books.” Many times, log books are filled out in advance of a trip to show the driver was in compliance. However, certain documents may lead a paper trail to show the driver has violated the hours of service rules.

Log books are a good place to start. I would suggest looking at the drivers’ log book for the year prior to the incident. It is important to note that the driver and the company have separate log books. Be sure to get both. At times, the log books do not match.

Lawyers groups have lobbied to change the current rules regarding hours of service but they have had very little success. It is unfortunate for the many of us who have to travel the roads for the purpose of work, travel, etc. A fatigued truck driver behind the wheel of an 80,000 pound tractor trailer can be an accident waiting to happen and, of course, the end result can be devastating and sometimes deadly for the rest of us.

John F. Cordisco is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Cordisco.

What is a Special Needs Trust?

Edward Shensky — Tue, 31 Jan 2012 08:07:46 -0500

If you have a client who is receiving public benefits and has been offered a settlement in a personal injury case, you should consider placing the funds in a “Special Needs Trust”.

Historically, a person who had any assets, including trust assets, was not eligible to receive Medicaid or any other public benefits. OBRA-93, Section 1396p(d)(4)(A) has an amendment that authorizes the creation of trusts to allow disabled persons under the age of 65, who are receiving funds from a personal injury settlement, to place those funds in a special or supplemental needs trust and at the same time preserve their right to collect medical assistance benefits and supplemental social security benefits (SSI). The one provision is that upon the death of the beneficiary of the trust, the public entity that provided the benefits shall receive any amounts remaining in the trust up to the amount of the benefits paid on the individual decedent’s behalf.

Any such trust must be approved by the court and the consent of the public entity (such as welfare or social security) that is providing benefits.

Edward Shensky is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Shensky.

Recent Investigation Into Long-Haul Trucking Violations

Jeffrey A. Krawitz — Fri, 27 Jan 2012 08:53:14 -0500

There was a computer-assisted investigation by the U.S. Department of Transportation using heavy truck inspection data from 2003 to 2008 for Northwest Indiana. Some of the statistics are startling and are derived from State Police and Federal Inspectors checking 34,856 heavy trucks (i.e. semi trailers, buses and other heavy commercial vehicles) in Lake and Porter counties in Northwest Indiana between 2003 and 2008.

Of those trucks 8,929, more than 1 in 4, were found to have safety violations deemed serious enough to take the trucks or drivers out of service. There is an estimated 2 million heavy trucks per year that pass through the trucking corridors of Interstate 80/94 and Interstate 65 alone in that territory and the resources to keep up with these truck inspection issues are shrinking.

Another serious violation that has occurred thousands and thousands of times is missing or faulty driver log books or drivers who went over the federal standard for consecutive hours worked without a break. Unfortunately, sleep and driver fatigue continues to be common with over-the-road truck drivers. Truck drivers operating their vehicles for more than 11 hours straight can be more prone to sleepiness or fatigue leading to distraction, daydreaming or cause a driver’s eyes to drift downward according to fatigue experts.

In Northwest Indiana alone, more than 1,400 violations were recorded over six years for truckers operating their rigs beyond the 11-hour regulation. Statistics show that accidents involving these commercial vehicles occur at the end of longer hauls and more specifically within 20 minutes of their final destination when truckers are most tired or distracted from the fatigue. That data has been gathered by a sleep and driver fatigue expert, Carolyn Shur, of Canada-based Schur Goode Associates. State Police Inspectors in this region are hoping that the random possibility of having roving patrols in and around weigh stations will be enough to bolster the trucker’s and their companies’ compliance with the DOT regulations.

Jeff Krawitz is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Krawitz.

Motorcycles Are for Women Too!

Carin A. O'Donnell — Thu, 26 Jan 2012 08:38:46 -0500

One of the biggest shifts taking place in the motorcycle world is the amount of women who are riding. Statistics report that approximately 25% of all riders are women. As more women, like myself are riding, I want to point out a couple important things if you are looking for a motorcycle.

Obviously safety is the most important thing to consider when riding a bike. This begins, however, with being able to control your bike. When you are shopping for a motorcycle, make sure your seat is low enough that your feet can touch the ground. This may seem obvious, but I have seen many women not be able to do this, lean to one side and dump a bike.

Second, make sure that you can reach the handle bars. Again, if it is too much of a stretch you will not be able to maneuver certain situations, and therefore you could cause an accident which could end in serious injuries for you and other riders.

The next thing you should consider is your ability to pull in the levers, such as the clutch and brake. Different bikes have different tensions, so make sure the tension is not so tight that when you are pulling these levers repeatedly, your hands fatigue.

Finally, make sure your bike is a cool color… just kidding. Although, for me, I did chose red. On a serious note, it doesn’t matter the color when it comes to safety and your ability to control your bike. Just make sure when you ride you wear clothing that is visible so other drivers can see you, and buy a bike that you can control given your size.

Here are a few upcoming events just for women:

The International “Women and Motorcycling Conference” is scheduled for July 26-29^th in Carson City, NV. If you are interested in going you can register online here.
Biker Belles 2012 ride will take place at the Sturgis Motorcycle Rally on August 8, 2012

Carin O'Donnell is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. O'Donnell.

Social Networking and Discovery

Edward Shensky — Tue, 24 Jan 2012 08:01:02 -0500

Be aware that social media accounts, such as FaceBook or MySpace, may not be private even if the privacy settings have been properly set on the website. Courts around the country, and specifically in Pennsylvania, have been struggling with this issue with varied results.

In Pennsylvania, the Courts have allowed defendants access in personal injuries actions to the “private sections” of social media account pages under certain circumstances. Recently, in the case of Arcq v. Fields, a Pennsylvania court denied access to the private sections of a plaintiff’s social media account because the defendant was unable to show any reasonable basis for believing that access to the plaintiff's private pages would yield any information relevant in this motor vehicle accident case. Plaintiff, at his deposition, stated that he was incapable of participating in certain activities as a result of his injuries. The court held that they would not allow access to the private sections of a party’s social media account unless the public sections of that account yielded information that could be relevant to the underlying case.

The moral of this story is that social networking accounts may be subject to inspection in lawsuits. Do not be fooled by the privacy settings on your account. Those settings do not necessarily apply to, or protect information from, discovery in the litigation arena.

Edward Shensky is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Shensky.

Do I Have to Be Retirement To Receive Medicare?

Leslie A. Mitnick — Mon, 23 Jan 2012 09:52:42 -0500

Many people are under the misconception that you have to be retired to receive Medicare benefits. THIS IS NOT TRUE! If you are 65 years old, whether you are working or retired, you can receive Medicare benefits. If you are 65 and still working and have health insurance through your employment, you may wish to continue to receive your medical benefits through your employer’s policy, and use your Medicare benefits as a secondary payer. If you are 65 and working, but have no health insurance, you can continue to work and still receive all the Medicare benefits to which you are entitled.

You can apply for Medicare on line, through the social security website, www.ssa.gov, or you can call your local Social Security office for an appointment to apply for Medicare. You should apply approximately 4 months before your 65th birthday.

If you are already receiving Social Security Retirement benefits at the time of your 65th birthday, you need not apply for Medicare. You will be automatically enrolled in Medicare when you turn 65.

Leslie A. Mitnick is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. Mitnick.

Limited Tort Auto Insurance and Pedestrian Injuries

Joseph J. Ashton — Thu, 19 Jan 2012 08:32:01 -0500

Several of our blog posts stress the importance of selecting the full tort option when you purchase your auto insurance. If you elect for limited tort instead of full tort, you are generally precluded from recovering “non-economic” damages such as pain and suffering if you are injured in an auto accident. Of course, limited tort coverage is slightly cheaper, so many people do choose this option. However, in the event of a serious auto accident, the decision to choose limited tort can be a costly one if you are unable to fully recover for your injuries.

Occasionally, someone who has elected for the limited tort option on their auto insurance is involved in an auto accident, not as the driver or passenger in a vehicle, but while they are walking as a pedestrian. In that situation, is the person still precluded from recovering for damages such as pain and suffering under their limited tort policy?

The answer is NO.

In L.S. v. David Eschbach, Jr., Inc., 583 Pa. 47, 874 A.2d 1150 (2005), the Supreme Court of Pennsylvania held that the restrictions on recovery of individuals who have elected for limited tort insurance coverage apply only to motor vehicle drivers and passengers, and do not limit the recovery of pedestrians.

If you have been injured as a pedestrian, or if you are unsure about whether you have full tort or limited tort insurance coverage, contact me here for more information about protecting your legal rights.

Joseph Ashton is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Ashton.

The Importance of Selecting a Reliable Company for Your Structured Settlement

Edward Shensky — Tue, 17 Jan 2012 15:53:54 -0500

Recently, I heard a story about a person who settled a case in 1981 with a structured settlement. The story was important because the insurance company that was to fund the annuity pursuant to the settlement recently declared bankruptcy and the injured plaintiff was advised that his/her benefits were being reduced going forward by approximately 50%.

Structured settlements have been used for years as a method of providing an income flow over time to an injured plaintiff. This accomplishes two important goals:

First, it assures that the injured party will not dissipate the fund with unwise investments.
Secondly, the income from the annuity based periodic payments is tax free.

The moral to this story is that if you are considering a structured settlement as part of a resolution to your personal injury case be sure that the insurance company that is funding the annuity is a highly rated company and, if possible, request that the insurance company with whom you are settling the case guarantees the payment of the settlement amount if something unforeseen should happen to the company issuing the annuity. Furthermore, it is always a good idea to enlist the services of a financial consultant to help guide you and your lawyer through the structured settlement process.

Edward Shensky is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Shensky.

Injured by an underage drunk driver in Pennsylvania? Know Your Rights!

Joseph J. Ashton — Fri, 13 Jan 2012 08:30:11 -0500

During the holidays, many people celebrate at parties at the homes of their friends and relatives, or at their workplace. Unfortunately, each year there are many people who are hurt by drivers who have had too much to drink at a party.

If you have been injured by a drunk driver, you may be facing serious and expensive medical bills. In order to protect your legal rights and maximize your recovery, it is important that you identify everyone responsible for your injuries. Obviously, you probably have a claim against the drunk driver. But, under Pennsylvania law, if the drunk driver was under 21-years old at the time of the accident, you may also be able to bring a successful lawsuit against any adult who may have furnished the minor with the alcohol which led to the accident.

Under the “social host doctrine” in Pennsylvania, an adult host who serves alcohol to a person less than twenty one years old can be held liable for injuries which result from the minor’s intoxication. In order for an adult social host to be liable, the adult must knowingly furnish alcohol to minors, which usually means that they must have been involved in the planning of the event or the serving, supplying, or the purchasing of the alcohol.

Joseph Ashton is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Ashton.

Plaintiff's Win Latest Battle over Facebook Discovery

Ian S. Abovitz — Thu, 12 Jan 2012 08:27:18 -0500

In previous posts, the contributors to this blog have commented on the ever-changing status of Pennsylvania law regarding whether a defendant is entitled to gain access to a plaintiff’s Facebook pages. In the most recent decision on this issue, Judge William J. Manfredi of the Philadelphia County Court of Common Pleas denied a defendant’s request for access to a plaintiff’s Facebook pages. Martin v. Allstate Fire and Cas. Ins. Co., No. 110402438 (C.P. Phila, Dec. 13, 2011).

At first glance, this decision seems to be a huge win for plaintiff’s, cutting against the growing trend in Pennsylvania of allowing access to social media websites. However, upon closer inspection, this may not be the case. Judge Manfedi’s ruling seems to center around the fact that the defendant failed to identify any information contained on the plaintiff’s Facebook site that would warrant further discovery. In other words, this ruling will not serve to prevent defendants from gaining access to Facebook where they are able to identify such information.

The bottom line is it is still incredibly important to be careful what you post on Facebook and also to monitor what is being posted about you. A seemingly innocent post by a friend on your wall or a comment on a photo may be enough to allow a defendant to gain full access to your Facebook site. It is also advisable to adjust your Facebook privacy settings to limit the amount of information that is visible to the public.

At Stark & Stark, we always make it a point to discuss the use of Facebook, and other social mediums, during our initial client interview and intake process. We counsel our clients to be very careful as to what they post on these sites and remind them that this information could be obtained by the defendants. We also instruct our clients not delete or alter any existing posts.

Ian Abvoitz is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Abovitz.

Pennsylvania Workers Compensation: The misclassification of employees as independent contractors is now illegal in Pennsylvania

Kevin M. Bradway — Wed, 11 Jan 2012 08:01:26 -0500

In the past, many employers have attempted to classify employees as independent contractors in order to avoid providing workers compensation benefits. The law now provides protection to employees from being misclassified as independent contractors.

Misclassification of employees as independent contractors is illegal for commercial and residential Construction in Pennsylvania. No individual may be classified as an independent contractor unless the individual:

Has a written contract to perform construction services with the business or person;
Is free from control or direction over the performance of these services, and
Is customarily engaged in an independently established trade, occupation, profession or business.

An individual is “customarily engaged in an independently established trade, occupation, profession or business” only if:

The individual possesses the essential tools to perform the services independent of the business for which the services are performed.
The individual must realize a profit or suffer a loss for the project.
The individual must have a proprietary interest in their business.
The individual must have a business location separate from the business or person for whom the services are being performed.
The individual independently performed the same services for another person, or was available and able to independently perform these se3rvices for another person and represented that these services could be independently performed for another person.
The individual must maintain liability insurance of at least $50,000 during the term of the contract.

The following is also prohibited:

An employer may not retaliate against any person who exercises rights under the law, including the filing of a complaint or informing another about an employer’s noncompliance with the Act.
An employer may not require or demand that an individual enter into an agreement or sign a document which results in the improper classification of that individual as an independent contractor.
An employer may not intentionally contract with another employer knowing that the employer intends to misclassify employees.

Kevin M. Bradway is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Bradway.

Driving With a Cold May Be As Risky As Driving Drunk

R. Tyler Tomlinson — Tue, 10 Jan 2012 09:45:38 -0500

Its winter, and we all seem to be coming down with some sort of cold. However, if you drive while you are sick, is it just as dangerous as driving while drunk? According to some recent research, the answer is: “Yes”.

Motor safety experts found that the driving skills of people who were feeling sick were estimated to drop by about 50% when compared with those who were healthy. People that are under the weather are more likely to have reduced reaction time and can experience major loss of concentration. Researchers concluded that the driving skills of sick individuals were so bad that they compared it to a person who was driving under the influence of “four double whiskeys.”

Apparently, a heavy cold can impair a driver’s mood, concentration and judgment. So if you are sick, perhaps the safest thing to do is stay in bed and get better.

Tyler Tomlinson is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Tomlinson.

Supplemental Security Income Benefits: Who qualifies and what resources are "counted"?

Leslie A. Mitnick — Mon, 09 Jan 2012 08:49:20 -0500

Supplemental Security Income, or “SSI” is a program administered by social security for people who are disabled, aged, or blind and have limited income in resources. To be eligible for SSI an individual must have no more than $2,000 in “countable” resources. A married couple must have no more than $3,000 in “countable” resources.

However, not all of your resources count toward the SSI resource limit. Examples of resources that “don’t count”, in general, are:

the home you live in and the property it’s on;
your personal effects and household goods;
your car;
burial plots for you and members of your immediate family;
up to $1,500 in burial funds for you, and up to $1,500 in burial funds for your spouse.

Additionally, if you are blind or disabled, other items may not count if you use them to work or earn extra income.

Leslie A. Mitnick is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. Mitnick.

New Pennsylvania Texting Law Will Override Philadelphia Cell-Phone Ban

R. Tyler Tomlinson — Thu, 05 Jan 2012 11:44:33 -0500

Governor Tom Corbett recently approved a ban on the use of cell phones and text messaging while driving. This law will go into effect on March 8, 2012. Under SB 314, if you are caught by police text messaging while driving you will be subject to a $50 fine. However, this state law will supersede a stricter Philadelphia ordinance that bans all handheld cell phone use.

Harrisburg, Wilkes-Barre and Erie also have banned cell phone use by drivers unless a hands-free device is in use. Once again, these local distracted driving laws apparently will become unenforceable once the statewide texting ban goes into effect in 2012. This means that handheld cell phone use will be legal throughout the state.

Critics of the new law worry that it will be unenforceable since using a phone for everything but texting will be allowed. The police will have no way of knowing whether a driver is texting or doing something else.

The law is intended to keep drivers aware of the road, and not their phones, in hopes of reducing the number of auto accidents each year. It’s important to remember to pay attention to the road, and not your phone, unless it is an emergency.

DUI Conviction May Allow for Increased Recovery

John F. Cordisco — Tue, 03 Jan 2012 10:48:19 -0500

In my previous post, I discussed the differences between the “Limited Tort” and the “Full Tort” auto insurance options in Pennsylvania along with various exceptions that allow a “Limited Tort” driver to recover as if they were “Full Tort”. In this post I will focus on the exception that allows for “Full Tort” recovery when the driver that caused the accident is DUI. I will also discuss some additional damages that may be available in such a situation.

First, it is important to note that the precise language of the exception provides that an individual otherwise bound by the limited tort option can recover as if they were full tort where the person at fault “is convicted or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in that accident.” 75 Pa.C.S.A. 1705(d)(1)(I).

The obvious implication of this language is that the exception only applies where the individual both causes the accident and is convicted of DUI or accepts ARD. If one of the drivers involved in an accident is found to be under the influence, but they didn’t cause the accident, the exception will not apply. Similarly, the exception will not apply if DUI charges are ultimately dropped.

Another issue that must be considered where an accident is caused by a DUI driver is whether additional recovery may be available in the form of punitive damages. Pennsylvania courts have consistently held that the act of driving under the influence constitutes reckless behavior such as to expose a driver to punitive damages. Generally, automobile insurance policies do not provide coverage for punitive damages and the driver will be held personally responsible for such damages. This personal exposure provides yet another reason not to get behind the wheel after drinking this holiday season!

If you are injured in a motor vehicle accident and have questions regarding your tort status, please call me here in Stark & Stark’s Bucks County, Pennsylvania office to set up a free consultation to review your case.

Statute of Limitations and Uninsured Motorist Claims

Jeffrey A. Krawitz — Thu, 29 Dec 2011 08:29:13 -0500

Uninsured Motorist (“UM”) claims are subject to the four-year Statute of Limitations for contract claims. The claim accrues when an insured is:

involved in a motor vehicle accident;
injured in the accident; and
knows or reasonably should have known of the uninsured status of the owner or operator of the other vehicle involved in the incident.

In a recent decision by Judge Schiller in the matter styled Liberty Mutual Fire Insurance Company v. Weisbaum, October 5, 2011, the issue arose as to whether Weisbaum timely prosecuted his claim for UM benefits before the Statute of Limitations expired. The accident occurred on June 25, 2004. Correspondence in early July, 2004 from Mr. Weisbaum’s counsel notified Liberty Mutual of the accident and said there may be a basis for UM or Underinsured Motorist (UIM) coverage. On June 23, 2006, Weisbaum actually sued the operator of the other vehicle involved in the accident and the vehicle’s owner for damages, that case being terminated as inactive on July 7, 2009. In fact, in September, 2006 Weisbaum submitted to an Examination Under Oath taken by Liberty Mutual for purposes of the UM claim.

Liberty Mutual asserted that the Statute of Limitations ran on Weisbaum’s UM claims given that it accrued on July 1, 2004 when Weisbaum knew or should have known that the owner/operator of the other vehicle was uninsured, the very date when his attorney sent notice of a possible UM claim and gave a recorded statement. Liberty argued that the four-year Statute of Limitations expired on July 1, 2008. Weisbaum claimed that he could not confirm the owner or operator of the other vehicle was uninsured until he filed the lawsuit on June 23, 2006 so he had until June 23, 2010 to assert UM claims. The parties agreed that the Statute of Limitations as of 2011 had run on Weisbaum’s claim. Weisbaum argued however that the Statute of Limitations was tolled (stopped) when the parties took steps to have the matter arbitrated, i.e. there was a new implied contract to arbitrate the case.

Judge Schiller said Weisbaum’s arguments failed because he never filed a Petition to Compel Appointment of Arbitrators other legal proceedings against Liberty Mutual. Weisbaum further asserted that the parties’ appointment of Arbitrators gave rise to an inference that there was a demand for Arbitration. The Court found that even if he had made such a demand that is not enough to toll the Statute of Limitations. Hence, the Court also relied on a precedent that appointment of an arbitrator does not toll the Statute of Limitations on an UIM claim and correspondence with the insurance company does not toll the Statute of Limitations on UM claims under Pennsylvania law. The Court found that Liberty Mutual had actively sought to obtain information necessary to assess Weisbaum’s claims and there was no cooperation from Weisbaum’s side.   The Court also was not aware of any precedent to give credence to Weisbaum’s argument that tolling the Statute of Limitations occurred because of an implied contract to arbitrate.   Hence...the four-year Statute of Limitations implies that there must be an Arbitration set and held within that time frame in order to prevent any argument by an insurer that the applicable Statute of Limitations is expired hence barring such claims.

Jeff Krawitz is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Krawitz.

Federal Safety Investigators Urge States to Ban Use of Cell Phones By All Drivers

R. Tyler Tomlinson — Tue, 27 Dec 2011 08:11:19 -0500

Federal safety investigators declared this week that texting, emailing or chatting on a cell phone while driving is simply too dangerous to be allowed. Additionally, they are urging all states to impose total bans of cell phone use while driving, except in the case of emergencies.

Based upon recent deadly crashes, including one in which a teenager sent or received 11 text messages in 11 minutes before an accident, the recommendation would apply even to hands-free devices, a much stricter rule than any current state law.

A group representing state highway safety offices called the recommendation “a game-changer”.

Currently, 35 states ban texting while driving, while nine states ban handheld cell phone use. Thirty states ban all cell phone use for beginning drivers, but enforcement is generally not a high priority, and no states ban the use of hands-free devices for all drivers.

Tyler Tomlinson is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Tomlinson.

National Traffic Safety Board Recommends Ban on All Cell Phone Use While Driving

Ian S. Abovitz — Thu, 22 Dec 2011 10:16:23 -0500

On Tuesday, December 13, 2011, the National Traffic Safety Board called for a nationwide ban on all cell phone use while driving. The proposed ban is the most wide sweeping recommendation made by the NTSB to date and would prohibit all non-emergency phone calls and texting. The proposed ban would even extend to the use of hands-free devices unless the device was installed by the vehicle manufacturer. Currently, cell-phone use by drivers is governed by state law with some 35 states banning text messaging while driving and another 10 banning all cell phone use. None of these state imposed bans apply to the use of hands-free devices.

According to the NTSB, their proposed ban is necessary to combat the danger posed by distracted drivers on the road. A recent study released by the National Highway Traffic Safety Association states that as many as 13.5 millions drivers are using cell phones at any given moment. The NHTSA study also states that over 3,000 fatalities have been linked to accidents involving distracted drivers in the last year.

Although the NTSB believes that their recommended ban will significantly decrease the number of distracted drivers on the road, it is difficult to comprehend how such a ban would be enforced. It is one thing to ask law enforcement officers to ticket drivers who are blatantly holding a cell phone to their ear, but it seems almost unreasonable to expect police officers to enforce a ban on the use of hands-free devices. How will an officer know whether a driver is on the phone as opposed to conversing with a passenger or singing along to their favorite song on the radio? These are issues that must be taken into consideration before the such a wide-sweeping ban is enacted.

Ian Abvoitz is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Abovitz.

Pennsylvania Teen Drivers Face New Limits This Saturday

R. Tyler Tomlinson — Wed, 21 Dec 2011 10:50:34 -0500

This Saturday, December 24th, 16 and 17-year-old drivers will face new restrictions in Pennsylvania. They will need more training, they will be able to transport fewer passengers, and not wearing a seat belt will be enough for a teen driver to get pulled over.

For older drivers, failure to wear a seat belt remains a secondary offense - subject to a fine if stopped for another reason.

Permit holders under the age of 18 will need 65 hours of hands-on training, an increase of 15 hours. "Ten of the additional hours must include driving at night and five hours must occur during poor weather conditions," according to a news release from the state.

The number of non-family passengers under age 18 is also restricted for drivers under 18, if no parent or guardian is present. It's just one such passenger for the first six months after getting a junior license, which is possible at age 16-1/2. Then, until the driver turns 18, it's three passengers - if the driver has a record free of committing violations and even partly causing crashes.